MATTER OF SCAVONE v. VOLZ


34 A.D.2d 966 (1970)

In the Matter of Peter Scavone et al., Appellants, v. Frank M. Volz et al., Constituting The Board of Zoning Appeals of the Town of Babylon, et al., Respondents

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

June 8, 1970


Judgment reversed, on the law, without costs; determination of the respondent Board of Zoning Appeals annulled; and the respondent Chief Building Inspector directed to issue the requested building permit.

Petitioners were unable to use the subject parcel through no act of their own. The property was held in single and separate ownership. The plot on East 3rd Street which petitioners owned until June, 1957, with a frontage of 75 feet and a depth of 100 feet, the southerly...

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