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MATTER OF GERBINO v. WHELAN

2018-01319. Index No. 2987/17.

186 A.D.3d 707 (2020)

127 N.Y.S.3d 298

2020 NY Slip Op 04554

In the Matter of Lisa Gerbino et al., Respondents, v. John Whelan et al., Appellants.

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

Decided August 19, 2020.

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

The petitioners commenced this CPLR article 78 proceeding seeking to annul a determination of the Town of East Hampton Zoning Board of Appeals (hereinafter the Zoning Board) dated May 11, 2017, which, after a hearing, denied the petitioners' application for an area variance. According to the petition...

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