MATTER OF DeNICOLA v. SCARPELLI


154 A.D.2d 462 (1989)

In the Matter of Mary C. DeNicola, Appellant, v. Nicholas Scarpelli et al., Constituting The Board of Zoning Appeals of the Incorporated Village of New Hyde Park, Respondents

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

October 10, 1989


Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements, and the petition is granted to the extent that the respondents' determination dated September 15, 1983, is annulled, and the conditions imposed are vacated.

Since 1947 when a certificate of occupancy was obtained, the petitioner, together with her now deceased husband, has used the property in question as a motor vehicle service station, with certain bays used...

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