Appellate Division of the Supreme Court of the State of New York June 12, 2008 (Clarke v. Town of Sand Lake Zoning Board of Appeals)

Kane, J.

Appeal from a judgment of the Supreme Court (Platkin, J.), entered July 26, 2007 in Rensselaer County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Town of Sand Lake Zoning Board of Appeals issuing a building permit and certificate of occupancy to respondents Richard E Morris and Diane Y. Morris.