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STEINER FOUND. v. DE LUCCIA

90 N.Y.2d 453 (1997)

685 N.E.2d 192

662 N.Y.S.2d 411

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

Court of Appeals of the State of New York.

Decided July 2, 1997.

Attorney(s) appearing for the Case

Doris F. Ulman, Village Attorney of Village of Chestnut Ridge, Suffern (Jan Ulman of counsel), for appellants.

Ruberti, Girvin & Ferlazzo, P. C., Albany (Gregg T. Johnson and Salvatore D. Ferlazzo of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE and CIPARICK concur with Judge WESLEY; Judge BELLACOSA dissents and votes to affirm in a separate opinion.

WESLEY, J.

Respondents, constituting the Zoning Board of Appeals of the Village of Chestnut Ridge, appeal the decision annulling their denial of a use variance to petitioner Rudolph Steiner Fellowship Foundation. Both Supreme Court and the Appellate Division held that petitioner had a preexisting nonconforming use that could be extended because it formed an integral part of the original contemplated use of the...

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