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MATTER OF ABBATIELLO v. TOWN OF N. HEMPSTEAD BD. OF ZONING APPEALS

2016-05090. Index No. 9768/15.

164 A.D.3d 785 (2018)

84 N.Y.S.3d 250

2018 NY Slip Op 05841

In the Matter of Bartolomeo Abbatiello, Appellant, v. Town of North Hempstead Board of Zoning Appeals, Respondent.

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

Decided August 22, 2018.

Ordered that the judgment is reversed, on the law, with costs, the petition is granted, the determination of the Town of North Hempstead Board of Zoning Appeals dated August 12, 2015, is annulled, and the matter is remitted to the Town of North Hempstead for the issuance of the requested use variance.

The petitioner is the owner of real property located in the Town of North Hempstead. The petitioner's house was constructed in 1920, on a 5,000-square-foot lot, and...

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