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MATTER OF 7-11 TOURS, INC. v. BD. OF ZONING APPEALS OF THE TOWN OF SMITHTOWN

90 A.D.2d 486 (1982)

In the Matter of 7-11 Tours, Inc., Appellant, v. Board of Zoning Appeals of the Town of Smithtown, Respondent

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

October 4, 1982

Judgment affirmed, without costs or disbursements.

As a matter of law, a travel agency could not be considered an accessory use to a motel unless its services were restricted to the guests of the motel (cf. Matter of La Vecchia v Board of Stds. & Appeals of City of N. Y., 26 Misc.2d 39; Matter of 140 Riverside Drive v Murdock, 276 App Div 550). "`"[I]ncidental", when used to define an accessory use, must also...

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