MATTER OF MARZELLA v. MUNROE


123 A.D.2d 866 (1986)

In the Matter of Nicholas Marzella, Respondent, v. David Munroe et al., Appellants

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

October 27, 1986


Ordered that leave to appeal to this court is hereby granted by Justice Weinstein; and it is further,

Ordered that the order is affirmed, with costs.

The court properly granted the petition and annulled the Zoning Board's determination that the nonconforming use of the subject property had been abandoned. Since the zoning ordinance in this case fails to provide that the mere discontinuation of a nonconforming use of the property for a specified period of time...

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