Appellate Division of the Supreme Court of the State of New York August 25, 2009 (Anayati v. Board of Zoning Appeals of Town of North Hempstead)

*682In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of North Hempstead dated April 16, 2008, which, inter alia, dismissed the petitioners’ application for certain area variances for lack of jurisdiction, the petitioners appeal from a judgment of the Supreme Court, Nassau County (Iannacci, J.