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MATTER OF MARTENS v. ZONING BD. OF APPEALS OF THE VILL. OF MARCELLUS

195 A.D.2d 974 (1993)

600 N.Y.S.2d 600

In the Matter of John A. Martens et al., Appellants, v. Zoning Board of Appeals of the Village of Marcellus et al., Respondents. Patrick J. Mullahy, Intervenor-Respondent

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

July 16, 1993

Judgment unanimously affirmed without costs.

Memorandum:

Petitioners, owners of property adjoining intervenor Patrick Mullahy's lot on South Street in the Village of Marcellus, challenge respondents' issuance of a building permit for the addition of a second story to the nonconforming structure on Mullahy's property. Article XIII of the Village Zoning Ordinance provides that no "nonconforming structure may be enlarged or altered in any way which increases...

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