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MATTER OF BONADONNA v. BOARD OF ZONING APPEALS OF THE INC. VIL. OF UPPER BROOKVILLE

2021-08458. Index No. 605623/20.

220 A.D.3d 855 (2023)

198 N.Y.S.3d 368

2023 NY Slip Op 05257

In the Matter of Phil Bonadonna, Appellant, v. Board of Zoning Appeals of the Incorporated Village of Upper Brookville et al., Respondents.

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

Decided October 18, 2023.

Attorney(s) appearing for the Case

Sahn Ward Braff Koblenz PLLC, Uniondale, NY ( Andrew M. Roth and Elisabetta T. Coschignano of counsel), for appellant.

Humes & Wagner, LLP, Locust Valley, NY ( Peter P. MacKinnon of counsel), for respondent Board of Zoning Appeals of the Incorporated Village of Upper Brookville.

Barros, J.P., Chambers, Warhit and Taylor, JJ., concur.

In a proceeding pursuant to CPLR article 78, inter alia, to review so much of a determination of the Board of Zoning Appeals of the Village of Upper Brookville dated April 14, 2020, as, after a hearing, denied so much of the petitioner's application as was for fence- and pier-height area variances, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Thomas Rademaker, J.), entered November 5, 2021. The judgment, insofar as appealed from, denied that...

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