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MATTER OF MECCA v. KERN

193 A.D.2d 746 (1993)

597 N.Y.S.2d 728

In the Matter of Diletta Mecca, Appellant, v. Roy M. Kern et al., Respondents

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

May 17, 1993

Ordered that the judgment is affirmed, with costs.

The petitioner claims that the Board of Zoning Appeals of the Town of Smithtown arbitrarily and unreasonably rejected her claim that the subject property was "single and separate", thereby entitling her to the variances as of right. We disagree.

The petitioner's predecessor in title, Electra Miller, acquired the subject property in 1971. Miller's husband owned an...

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