MTR. OF CAPUTO v. LACY


52 Misc.2d 262 (1966)

In the Matter of Frank Caputo et al., Petitioners, v. Albert Lacy et al., Constituting the Board of Zoning Appeals of the Incorporated Village of Bayville, Respondents.

Supreme Court, Special Term, Nassau County.

November 30, 1966


Attorney(s) appearing for the Case

Sordi & Bottita for petitioners. Vincent J. Flanagan for respondents.


FRANK A. GULOTTA, J.

This article 78 CPLR proceeding seeks to annul a decision of respondent Board of Zoning Appeals which denied petitioners a permit to replace the walls and roof of an existing porch which had suffered some rot and decay.

Petitioners' theory is that they were at liberty to make these repairs as a matter of right since the porch antedated an ordinance of July 14, 1958, and its foundation...

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