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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Development

By New York Real Estate Law Reporter Staff
July 01, 2023

Court Reserves Decision Pending Further Proceedings When ZBA Produced Inadequate Findings of Fact to Support Variance Grant

Matter of Guttman v. Covert Town Board, 2023 WL 2622680, AppDiv, Fourth Dept. (memorandum opinion)

In neighbors' article 78 proceeding to annul the town board's grant of a variance, both parties appealed from Supreme Court's partial grant of the petition. The Appellate Division reserved decision and remitted to the board for further proceedings, holding that the town board had not adequately produced findings of fact to support its grant of the variance.

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