Opinion
March 30, 1998
Appeal from the Supreme Court, Nassau County (Bucaria, J.).
Ordered that the judgment is affirmed, with costs.
There is no merit to the appellants' contention that the respondent Zoning Board of Appeals of the Town of Oyster Bay (hereinafter the Zoning Board) granted the requested setback variance applications of the respondent Addison Investors, L.L.C. (hereinafter the developer), based upon improper consideration of evidentiary submissions proffered by the developer after the close of the hearing before the Zoning Board. The Zoning Board announced that the hearing record would remain open for the developer to provide information concerning the average front-yard setbacks of neighboring parcels. Furthermore, the appellants proffered their own survey of setbacks prior to the developer's submission, and the appellants also provided reply papers contesting the developer's submissions. Under these circumstances the appellants' due process rights were not abridged and the Zoning Board's consideration of the developer's submissions was not improper ( see, Matter of W.W.W. Assocs. v. Rettaliata, 175 A.D.2d 133, 134).
The appellants' remaining contentions are without merit.
Miller, J. P., Thompson, Friedmann and McGinity, JJ., concur.