59. Argued March 23, 2004. Decided May 4, 2004. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered April 21, 2003. The Appellate Division modified, on the law, an order of the Supreme Court, Nassau County (Anthony L. Parga, J.), entered in a proceeding pursuant to CPLR article 78, which annulled respondent's determination denying petitioner's application for an area variance and remitted the matter
Argued April 30, 1997; Decided June 12, 1997 Appeal from Appellate Division of the Supreme Court, Third Judicial Department, Albany County Dennis C. Vacco, Attorney-General, Albany ( Patrick Barnett-Mulligan, Barbara G. Billet and Peter H. Schiff of counsel), for New York State Office of Mental Health and another, appellants. Stein Schonfeld, Garden City ( Robert L. Schonfeld, Seth P. Stein and Beth Pepper of counsel), for Rehabilitation Support Services, Inc., appellant. Vincent J. McArdle, Jr.