Matter of Chandler Prop., Inc. v Trotta
2004 NY Slip Op 06040 [9 AD3d 407]
July 12, 2004
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 22, 2004


In the Matter of Chandler Property, Inc., Appellant,
v
Frank C. Trotta et al., Respondents.

[*1]In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Brookhaven, dated July 17, 2002, which, after a hearing, denied the petitioner's application for area variances, the appeal is from a judgment of the Supreme Court, Suffolk County (Baisley, J.), entered February 26, 2003, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly upheld the determination of the Zoning Board of Appeals of the Town of Brookhaven (hereinafter the Board), which denied the petitioner's application for area variances for the purpose of constructing a single-family dwelling (see Matter of Chandler Prop., Inc. v Trotta, 9 AD3d 408 [2004]. Florio, J.P., S. Miller, Rivera and Lifson, JJ., concur.