Appellate Division of the Supreme Court of the State of New York March 23, 2010 (194 Main, Inc. v. Board of Zoning Appeals)

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Zoning Appeals for the Town of North Hempstead dated April 16, 2008, which, after a hearing, denied the petitioner’s application, inter alia, for a use *1029variance, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Spinola, J.