Appellate Division of the Supreme Court of the State of New York April 30, 2004 (Cerame v. Town of Perinton Zoning Board of Appeals)

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Monroe County (Andrew V. Siracuse, J.), entered March 3, 2003 in a proceeding pursuant to CPLR article 78. The judgment granted the petition in part and remitted petitioners’ application to respondent Town of Perinton Zoning Board of Appeals for a de novo determination.