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MATTER OF FRANMOR REALTY CORP. v. BOEUF, JR.

279 A.D. 795 (1952)

In the Matter of Franmor Realty Corp., Appellant, v. J. Randall Le Boeuf, Jr., et al., Constituting The Board of Zoning Appeals of the Village of Old Westbury, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 14, 1952.

Order unanimously affirmed, with $50 costs and disbursements.

Subdivision 4 of section 900 of the village zoning ordinance barred granting of the permit where the nonconforming use had been "discontinued for a period exceeding twelve (12) months". The time period specified makes inapplicable the cases invoked by petitioner. (8 McQuillin on Municipal Corporations [3d ed.], pp. 366-367, 381-382.) This view makes it unnecessary...

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