MATTER OF ANAYATI v. BOARD OF ZONING APPEALS OF TOWN OF NORTH HEMPSTEAD


65 A.D.3d 681 (2009)

In the Matter of JOSEPH ANAYATI et al., Appellants, v. BOARD OF ZONING APPEALS OF TOWN OF NORTH HEMPSTEAD et al., Respondents.

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

Decided August 25, 2009.


Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, the determination is annulled, and the matter is remitted to the Board of Zoning Appeals of the Town of North Hempstead to consider the petitioners' application on the merits.

In 2003 the petitioners commenced construction of a house on their property in the Town of North Hempstead. They received a building permit and, upon completion of the house in August...

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