Opinion
April 19, 1999
Appeal from the Supreme Court, Suffolk County (Henry, J.).
Ordered that the judgment is affirmed, with costs.
We agree with the Supreme Court that the Board of Zoning Appeals exceeded its authority when it sua sponte raised the issue of the location of the relevant zoning district boundary lines and, upon its own inquiry, rendered essentially a de novo determination on that issue ( see, Moriarty v. Planning Bd., 119 A.D.2d 188; Barron v. Getnick, 107 A.D.2d 1017; Matter of Carlington Corp. v. Siegel, 61 A.D.2d 813). Accordingly, the special exception use permit should be granted to the petitioner, provided the petitioner otherwise satisfies the conditions stated.
Ritter, J. P., Altman, Friedmann and Goldstein, JJ., concur.