Ordered that the judgment is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.
The petitioner commenced this CPLR article 78 proceeding contending that a determination of the Board of Appeals of the Town of Hempstead denying his application, inter alia, for certain variances was "not supported by the evidence[,] ... illegal, irrational, arbitrary...
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