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MATTER OF SEMERJIAN v. VAHRADIAN

186 A.D.2d 202 (1992)

In the Matter of George G. Semerjian, Appellant, v. Mardooni Vahradian, as Chairman of The Planning Board of the Incorporated Village of Southampton, et al., Respondents

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

September 21, 1992

Ordered that the judgment is affirmed, with costs.

In the present case, owing to an amendment of the zoning ordinance while the proceeding was pending before the Supreme Court, the petitioner's proposed use for the site is no longer a permitted one (see, Local Laws, 1990, No. 2 of the Village of Southampton). The petitioner failed to establish "special facts" which would permit application of the prior zoning ordinance (see, Matter of Pokoik v Silsdorf...

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