MATTER OF STEVENS v. HEWSON

Judgment insofar as appealed from unanimously reversed on the law without costs and petition dismissed. Memorandum: Special Term erred in upholding the December 1987 determination made by respondents (ZBA). A decision, upon reconsideration or rehearing, to reverse or modify a prior determination by the ZBA must be approved unanimously (Town Law § 267; Matter of Panella v Budney, 59 Misc.2d 542; 2 Anderson, New York Zoning Law and Practice § 25.35 [3d ed]). The December resolution, which effectively reversed an earlier interpretation of the zoning ordinance made in September of 1987, was approved by a 4 to 2 vote and thus, was not properly adopted.