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MATTER OF LEITNER v. TOWN OF OYSTER BAY PLANNING AND DEVELOPMENT DEPARTMENT

2014-02890, Index No. 6822/13.

143 A.D.3d 986 (2016)

2016 NY Slip Op 07028

39 N.Y.S.3d 502

In the Matter of BRETT LEITNER et al., Appellants, v. TOWN OF OYSTER BAY PLANNING AND DEVELOPMENT DEPARTMENT et al., Respondents.

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

Decided October 26, 2016.

Ordered that the order and judgment is affirmed, with one bill of costs.

In a determination dated July 18, 2012, made after a hearing attended by the petitioners, the respondent Zoning Board of Appeals of the Town of Oyster Bay (hereinafter the ZBA) granted an application made by the petitioners' next-door neighbor, the respondent Karen Malamud, for a variance to use a single-family home as a parent-child residence. The decision to grant the variance was subject to...

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