MATTER OF D'SOUZA v. BOARD OF APPEALS OF TOWN OF HEMPSTEAD

2018-07057, Index No. 3794/17.

173 A.D.3d 738 (2019)

99 N.Y.S.3d 706

2019 NY Slip Op 04381

In the Matter of Desmond D'Souza, Appellant, v. Board of Appeals of the Town of Hempstead, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 5, 2019.


Ordered that the judgment is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.

The petitioner commenced this CPLR article 78 proceeding contending that a determination of the Board of Appeals of the Town of Hempstead denying his application, inter alia, for certain variances was "not supported by the evidence[,] ... illegal, irrational, arbitrary...

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