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MATTER OF POSILLICO v. SOUTHOLD TOWN ZONING BD. OF APPEALS

2021-07363. Index No. 1498/20.

219 A.D.3d 885 (2023)

195 N.Y.S.3d 697

2023 NY Slip Op 04424

In the Matter of Vincenzo Posillico et al., Respondents, v. Southold Town Zoning Board of Appeals, Appellant.

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

Decided August 30, 2023.

Attorney(s) appearing for the Case

Devitt Spellman Barrett, LLP, Smithtown, NY ( Scott J. Kreppein of counsel), for appellant.

Iannacci, J.P., Genovesi, Dowling and Voutsinas, JJ., concur.

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Southold dated February 20, 2020, which denied the petitioners' application for a determination that Code of the Town of Southold § 280-10(C)(6) applied retroactively, and that certain properties owned by the petitioners were therefore exempt from the merger provisions of the Code of the Town of Southold, the...

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