Appellate Division of the Supreme Court of the State of New York July 5, 2006 (McCabe v. Town of Clarkson Board of Appeals)

In a proceeding pursuant to CPLR article 78 to review a determination of the Town of Clarkstown Board of Appeals, dated March 29, 2004, which, after a hearing, granted an area variance to Kevin McFarland and Ann Marie McFarland, the petitioner appeals from (1) a judgment of the Supreme Court, Rockland County (Kelly, J.