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MATTER OF VILARDI v. ROTH

192 A.D.2d 662 (1993)

597 N.Y.S.2d 86

In the Matter of Rosario Vilardi, Appellant, v. David Roth, as Chairman of The Board of Zoning Appeals of the Town of Babylon, et al., Respondents

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

April 19, 1993

Ordered that the judgment is affirmed, with costs.

The petitioner owns a substandard lot consisting of 4,524 square feet. This property is located in a zone in which, pursuant to the local zoning ordinance (Code of the Town of Babylon § 213-79 [A]), a minimum lot area of 10,000 square feet is generally applicable. However, in cases of properties which have been held in single and separate ownership since 1954, as has...

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