MATTER OF EGER v. LEVINE


153 A.D.2d 998 (1989)

In the Matter of David C. Eger, Respondent, v. Erwin Levine et al., Constituting The Zoning Board of Appeals of the City of Saratoga Springs, Appellants

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

September 28, 1989


Mahoney, P. J.,

Petitioner owns a four-family dwelling in the City of Saratoga Springs, Saratoga County. Petitioner's request to the City Building Inspector for a certificate of occupancy was refused on the ground that a four-unit dwelling is not permitted in an R-3 zone where the building is located. Petitioner appealed to respondents, claiming that the building was a nonconforming use because there were four apartments at the time of the effective date...

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