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MATTER OF FIRST NAT'L BANK OF DOWNSVILLE v. CITY OF ALBANY BD. OF ZONING APPEALS

216 A.D.2d 680 (1995)

628 N.Y.S.2d 199

In the Matter of First National Bank of Downsville, Appellant, v. City of Albany Board of Zoning Appeals et al., Respondents. (Proceeding No. 1.) In the Matter of First National Bank of Downsville, Respondent, v. City of Albany Board of Zoning Appeals et al., Appellants. (Proceeding No. 2.)

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

June 15, 1995

White, J.

In September 1989, petitioner First National Bank of Downsville (hereinafter the Bank)* accepted a deed in lieu of foreclosure for premises known as 312 Quail Street in the City of Albany. At the time it accepted the deed, the premises contained seven dwelling units despite the fact the building was located in an "R-2" zoning district in which buildings with more than two dwelling units are not permitted. In October...

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