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CHEKENIAN v. TOWN BD. OF THE TOWN OF SMITHTOWN

202 A.D.2d 542 (1994)

609 N.Y.S.2d 280

Haig Chekenian, Appellant, v. Town Board of the Town of Smithtown et al., Respondents

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

March 21, 1994

Ordered that the order is affirmed, with costs.

The plaintiff has challenged the constitutionality of an amortization provision affecting nonconforming home professional offices in the Town of Smithtown. The Supreme Court denied the plaintiff's summary judgment motion and we affirm. Amortization provisions, which require the termination of nonconforming uses over a specified period of time, are presumptively valid, "unless...

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