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MATTER OF DeBEER v. ZONING BD. OF APPEALS OF THE CITY OF LONG BEACH

226 A.D.2d 721 (1996)

641 N.Y.S.2d 404

In the Matter of Roy DeBeer et al., Respondents, v. Zoning Board of Appeals of the City of Long Beach, Respondent, and 1051 Realty Corp. et al., Intervenors-Appellants

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

April 29, 1996

Ordered that order is affirmed, insofar as appealed from, with costs.

The intervenors sought to remodel and add to their restaurant and bar, which is located in a residential neighborhood. The use of the property is a pre-existing non-conforming use. Contrary to the intervenors' contention, the recitation by their attorney at the hearing of the costs of operating the restaurant and bar, without any evidence of how those costs affect their return, is not sufficient...

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