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 *1029 variance, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Spinola, J.), entered January 5, 2009, which, in effect, den…
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