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MATTER OF RUDOLF STEINER FELLOWSHIP FOUND. v. DE LUCCIA

231 A.D.2d 726 (1996)

647 N.Y.S.2d 863

In the Matter of Rudolf Steiner Fellowship Foundation, Respondent, v. Mark De Luccia et al., Appellants

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

September 30, 1996

Ordered that on the court's own motion, the appellants' notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed, with costs.

Although the "protection of vested rights in a nonconforming structure existing at the time a prohibitory code is enacted does not extend to subsequent construction" (Matter of Rembar v Board of Appeals...

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