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MATTER OF CAPETOLA v. TOWN OF RIVERHEAD

2019-11686. Index No. 1431/19.

192 A.D.3d 789 (2021)

144 N.Y.S.3d 203

2021 NY Slip Op 01408

In the Matter of Anthony A. Capetola et al., Appellants, v. Town of Riverhead et al., Respondents.

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

Decided March 10, 2021.

Attorney(s) appearing for the Case

Anthony A. Capetola, Williston Park, NY (Robert P. Johnson of counsel), appellant pro se and for appellant Julianne T. Capetola.

Siegel & Sitler, PLLC, Hauppauge, NY ( Philip J. Siegel of counsel), for respondents Town of Riverhead, Zoning Board of Appeals of the Town of Riverhead, and Building Department of the Town of Riverhead.

Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, Riverhead, NY ( Jennifer Nigro of counsel), for respondents Overlook Drive, LLC, and Edward Hocker.

Rivera, J.P., Hinds-Radix, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

In 1985, Edward Hocker obtained a parcel of land located at 254 Overlook Drive in Aquebogue. In 2004, the area in which the subject parcel is located was rezoned, and that parcel is now located in the RB-40 Zoning District of the Town of Riverhead. In 2018, a building inspector for the Town of Riverhead rejected Hocker's application for...

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