MATTER OF BUDGET ESTATES, INC. v. ROTH


203 A.D.2d 287 (1994)

610 N.Y.S.2d 69

In the Matter of Budget Estates, Inc., Appellant, v. David I. Roth et al., Respondents

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

April 4, 1994


Ordered that the judgment is affirmed, with costs.

The petitioner owns a substandard lot in a "C" residential zone within the Town of Babylon. The subject parcel consists of 4,000 square feet and has a width of 40 feet at the front building line.

Babylon Town Code § 213-94 (A) provides that building lots within a "C" residential zone which have been held in single and separate ownership since July 25, 1954, must have a lot area of at least 6,000 square...

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