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MATTER OF KARTEN v. SQUILLACE

116 A.D.2d 719 (1986)

In the Matter of Isidore Karten et al., Appellants, v. Elizabeth Squillace et al., Constituting The Board of Appeals of the Town of Clarkstown, Respondents. (Proceeding No. 1.) In the Matter of Isidore Karten et al., Appellants, v. Zoning Board of Appeals of the Town of Clarkstown et al., Respondents. Association for Sensible Zoning of Valley Cottage, Intervenor-Respondent. (Proceeding No. 2.)

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

January 27, 1986

Judgment affirmed, with one bill of costs to respondents and intervenor-respondent appearing separately and filing separate briefs.

The Board's determination that the application was for a use variance and was not to continue a preexisting nonconforming use was supported by substantial evidence, as was its conclusion that petitioners failed to demonstrate unnecessary hardship.

Petitioners' remaining contentions have...

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