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KREISBERG v. SCHEYER

11 Misc.3d 818 (2006)

808 N.Y.S.2d 889

HARVEY N. KREISBERG et al., Petitioners, v. RICHARD I. SCHEYER et al., Constituting the Board of Zoning Appeals of the Town of Islip, Respondents.

Supreme Court, Suffolk County.

February 3, 2006.

Attorney(s) appearing for the Case

Pierce Fox Cohalan, Town Attorney, Islip (Vincent J. Messina, Jr. and Janessa M. Trotto of counsel), for respondents.

Timothy J. Mattimore, East Islip, for petitioner.

OPINION OF THE COURT

SANDRA L. SGROI, J.

Ordered that the petition to vacate the decision of the Board of Zoning Appeals is granted and this matter is remitted to the Board with the directive that a hearing be ordered held on this matter to determine if a variance should be issued to the petitioners. Enter judgment.

Pursuant to a prior order of this court, the petition was renoticed after the respondent...

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