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MATTER OF ALLEN v. ADAMI

47 A.D.2d 922 (1975)

In the Matter of Charles C. Allen et al., Appellants, v. Nancy Adami et al., Constituting The Board of Zoning Appeals of the Village of Croton On Hudson, Respondents. Alan Seide et al., Intervenors-Respondents

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

April 21, 1975

Judgment reversed, on the law, without costs, and petition granted.

We are unable to agree with Special Term and the board of zoning appeals that a dual test is created by a zoning ordinance which permits an exception for a "lot owned individually and separately, and separated from any adjoining tracts of land on January 22, 1962". The board contends that such phrase requires continuing individual ownership of the lot in question separate from the ownership of any...

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