MATTER OF BERKO v. KERN


215 A.D.2d 476 (1995)

627 N.Y.S.2d 575

In the Matter of Edward Berko et al., Appellants, v. Roy M. Kern, as Chairman of The Board of Zoning Appeals of the Township of Smithtown, et al., Respondents

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

May 8, 1995


Ordered that the judgment is affirmed, with costs.

The Board of Zoning Appeals of the Town of Smithtown (hereinafter the Board) properly determined that the applicant, Robert Strain, was entitled to the requested area and frontage variances under the doctrine of single and separate ownership. Although the parcels in question were joined at the rear, thus forming a "back to back split", the finding by the Board that the record did not establish the existence of a merger...

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