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  5. 224 A.D.2d 424 (1996)
 

MATTER OF KELLY v. ZONING BD. OF APPEALS OF TOWN OF HARRISON

224 A.D.2d 424 (1996)

638 N.Y.S.2d 101

In the Matter of Joseph Kelly et al., Respondents, v. Zoning Board of Appeals of Town of Harrison, Appellant

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

February 5, 1996

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly granted the petition and directed the Zoning Board of Appeals of the Town of Harrison (hereinafter the ZBA) to grant the petitioners' building permit application. There is no evidence in the record to support the determination of the ZBA that the subject structure, once altered in the manner proposed, will be put to a nonconforming, residential use (see, Harrison...

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