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MATTER OF TILMONT v. CITY OF MIDDLETOWN

238 A.D.2d 598 (1997)

657 N.Y.S.2d 952

In the Matter of Doris Tilmont, Appellant, v. City of Middletown et al., Respondents

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

April 28, 1997

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, the Zoning Board of Appeals of the City of Middletown (hereinafter the Zoning Board of Appeals) did not deny her application for a certificate of nonconforming use because they found that she had abandoned a nonconforming use. Review of the record makes clear that the Zoning Board of Appeals denied the petitioner's application because it determined that her residence had never...

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