Opinion
2001-01476
Argued January 31, 2002.
August 26, 2002.
In a proceeding pursuant to CPLR article 78 to review so much of a determination of the Board of Appeals of the Village of North Hills, dated June 20, 2000, as, after a hearing, denied the petitioners' application for a special use permit and a height variance for certain gates at their residence, and conditioned the issuance by the Village's Buildings Department of certain certificates of occupancy, completion, or compliance with approved improvements upon removal of the subject gates, the appeal is from an interlocutory judgment of the Supreme Court, Nassau County (Joseph, J.), dated January 31, 2001, which granted the petition and remitted the matter to the Board of Appeals of the Village of North Hills for the purpose of making a new determination pursuant to the standard of review in Village Law § 7-712-b(3)(b).
Meyer, Suozzi, English Klein, P.C., Mineola, N.Y. (A. Thomas Levin and Jayson J.R. Choi of counsel), for appellants.
Albanese Albanese, LLP, Garden City, N.Y. (Bruce W. Migatz and Diana C. Prevete of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, ANITA R. FLORIO, GLORIA GOLDSTEIN, JJ.
ORDERED that on the court's own motion, the appellants' notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[b][1], [c]); and it is further,
ORDERED that the interlocutory judgment is affirmed, with costs, for the reasons stated in Matter of Cohen v. Board of Appeals of the Village of Saddle Rock (A.D.2d [decided herewith).
SANTUCCI, J.P., ALTMAN, FLORIO and GOLDSTEIN, JJ., concur.