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

2020-01418. Index No. 3794/17.

192 A.D.3d 1022 (2021)

140 N.Y.S.3d 774

2021 NY Slip Op 01771

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 March 24, 2021.

Attorney(s) appearing for the Case

Sahn Ward Coschignano, PLLC, Uniondale, NY ( Christian Browne and Joseph R. Bjarnson of counsel), for appellant.

Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY ( Joseph E. Macy and Nicholas Tuffarelli of counsel), for respondent.

Mastro, A.P.J., Hinds-Radix, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The petitioner, Desmond D'Souza, the owner of a parcel of property located in a part of West Hempstead where the minimum frontage width permitted is 55 feet, applied for area variances and subdivision approval. The petitioner wished to subdivide the subject property, which is improved with one single-family home, into three lots. He sought to maintain the existing single...

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