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IAZZETTI v. TUXEDO PARK

145 Misc.2d 78 (1989)

In the Matter of Nicholas Iazzetti et al., Petitioners, v. Village of Tuxedo Park et al., Respondents.

Supreme Court, Orange County.

September 12, 1989

Attorney(s) appearing for the Case

Sichol & Hicks, P. C., for petitioners. Plunkett & Jaffe, P. C., for respondents.

DONALD N. SILVERMAN, J.

The instant CPLR article 78 special proceeding is in the nature of mandamus to review. The central issue involves interpretation of nonconforming use, specifically the effect of a change not in the ownership of the subject property, but in the continued nonconforming use by a nonowner. As presented, the matter appears to be one of first impression, neither side having been able to provide...

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