MATTER OF DIANA v. CITY OF AMSTERDAM ZONING BD. OF APPEALS


243 A.D.2d 939 (1997)

664 N.Y.S.2d 634

In the Matter of Enrique A. Diana et al., Respondents, v. City of Amsterdam Zoning Board of Appeals, Appellant

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

October 23, 1997


Mercure, J.

In November 1994, petitioners purchased the former National Guard Armory situated in the City of Amsterdam, Montgomery County, from the State at a public auction conducted pursuant to Public Lands Law § 33. At the time of the purchase, the property was situated in an "R-2" zone of the City, which permitted it to be utilized as a one or two-family residence. Petitioners used the armory as their home until July 1995, at

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