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MATTER OF WHITE BIRCH CIRCLE REALTY CORP. v. DECHANCE

2020-04189. Index No. 3228/19.

212 A.D.3d 729 (2023)

182 N.Y.S.3d 719

2023 NY Slip Op 00216

In the Matter of White Birch Circle Realty Corp., Appellant, v. Paul M. DeChance et al., Respondents.

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

Decided January 18, 2023.

Attorney(s) appearing for the Case

Scheyer & Stern, LLC, Nesconset, NY (Patricia A. Stern of counsel), for appellant.

Annette Eaderesto, Town Attorney, Farmingville, NY (John W. Doyle of counsel), for respondents.

Connolly, J.P., Iannacci, Ford and Voutsinas, JJ., concur.

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Brookhaven dated May 8, 2019, which, after a hearing, denied the petitioner's application for area variances, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Martha L. Luft, J.), dated April 23, 2020. The judgment denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

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