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MATTER OF DAVID PARK ESTATES v. TROTTA

283 A.D.2d 429 (2001)

723 N.Y.S.2d 885

In the Matter of DAVID PARK ESTATES, Respondent, v. FRANK TROTTA, as Chairman of the Board of Zoning Appeals of the Town of Brookhaven, et al., Appellants.

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

Decided May 7, 2001.

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

The criteria for determining an application for an area variance are set forth in Town Law § 267-b (3) (b) (see, Matter of Sasso v Osgood, 86 N.Y.2d 374; Matter of Easy Home Program v Trotta, 276 A.D.2d 553). The Board...

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