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FRED C. DICKER, ap, v. GLEN OAKS VILLAGE OWNERS, INC. res

MATTER OF FRED C. DICKER, ap, v. GLEN OAKS VILLAGE OWNERS, INC. res — (INDEX NO. 15953/14)In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Glen Oaks Village Owners, Inc., granting the application of Anne P. Haffey to erect a terrace without the petitioner's consent and assessing a fee for a window replacement program on a per apartment basis rather than a per share basis, the petitioner appeals from a judgment of the Supreme Court, Queens County (Gavrin, J.), entered June 28, 2016, which denied the petition and dismissed the proceeding.

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MATTER OF FRED C. DICKER, ap, v. GLEN OAKS VILLAGE OWNERS, INC. res — (INDEX NO. 15953/14)In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Glen Oaks Village Owners, Inc., granting the application of Anne P. Haffey to erect a terrace without the petitioner’s consent and assessing a fee for a window replacement program on a per apartment basis rather than a per share basis, the petitioner appeals from a judgment of the Supreme Court, Queens County (Gavrin, J.), entered June 28, 2016, which denied the petition and dismissed the proceeding.

ORDERED that the judgment is reversed, on the law, with costs, the petition is granted, the determination is annulled, the application of Anne P. Haffey to erect a terrace without the petitioner’s consent is denied, and the respondent Glen Oaks Village Owners, Inc., is directed to refund the sum of $683.16 to the petitioner as restitution (see CPLR 7806).

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