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MATTER OF KREGER v. TOWN OF SOUTHOLD ZONING BD. OF APPEALS

2022-02769. Index No. 608410/21.

230 A.D.3d 784 (2024)

217 N.Y.S.3d 642

2024 NY Slip Op 04321

In the Matter of Michael Kreger, Appellant, v. Town of Southold Zoning Board of Appeals et al., Respondents.

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

Decided August 28, 2024.

Attorney(s) appearing for the Case

Stephen F. Kiely (Perillo Hill LLP, Sayville, NY [Timothy Hill], of counsel), for appellant.

Devitt Spellman Barrett, LLP, Smithtown, NY (Scott J. Kreppein of counsel), for respondents.

Connolly, J.P., Wooten, Ford and Ventura, JJ., concur.

In a proceeding pursuant to CPLR article 78 to review a determination of the Town of Southold Zoning Board of Appeals dated April 2, 2021, which, after a hearing, denied the petitioner's application for an area variance, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (George Nolan, J.), dated March 7, 2022. The judgment denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or...

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