MATTER OF COURTNEY v. CITY OF ALBANY BD. OF ZONING APPEALS


177 A.D.2d 820 (1991)

In the Matter of Delton Courtney, Appellant, v. City of Albany Board of Zoning Appeals, Respondent

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

November 21, 1991


Casey, J.

In August 1989, petitioner purchased a house in the City of Albany that was divided into five apartments. The area in which the house is located is zoned for one and two family dwellings. Petitioner admits that he was aware of the zoning requirements at the time of the purchase, but claims that he was under the impression that the five-unit structure was a preexisting use that could be continued. Despite this claim, however, petitioner failed...

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