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MATTER OF DUTT v. BOWERS

2019-13778. Index No. 55/18.

207 A.D.3d 540 (2022)

172 N.Y.S.3d 64

2022 NY Slip Op 04546

In the Matter of Faisal Dutt, Respondent, v. James H. Bowers et al., Appellants.

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

Decided July 13, 2022.

Attorney(s) appearing for the Case

John R. DiCioccio , Town Attorney, Islip, NY ( William J. Graham of counsel), for appellants.

Scheyer & Stern, LLC, Nesconset, NY ( Patricia A. Stern of counsel), for respondent.

Duffy, J.P., Maltese, Christopher and Ford, JJ., concur.

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

The petitioner hired a contractor to build an in-ground pool on his property in the Town of Islip. Under Code of the Town of Islip § 68-386(D)(2), a pool in the petitioner's residential zone must be located a minimum of 14 feet from the property line (hereinafter the required setback). However, due...

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