Petitioner commenced an action to challenge the granting of an application by the zoning board of appeals to allow construct an addition to a residence without requiring certain setback variances. During the pendency of the action, the application had expired and the property owners submitted a new application to the zoning board, which was again approved. Since the original permit that was the subject of the litigation had expired, and there was a subsequent application, hearing and decision, the appellate court dismissed the instant proceeding as moot.
Lilly Pad, LLC v Zoning Board of Appeals of East Hampton, 2014 WL 4086267 (N.Y.A.D. 2 Dept. 8/20/2014)
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2014/D42570.pdf