MATTER OF MONTE v. ELMER EDWARDS, III


258 A.D.2d 584 (1999)

685 N.Y.S.2d 479

In the Matter of NOEL MONTE, Respondent, v. ELMER EDWARDS, III, as Building Inspector for the Town of Shelter Island, et al., Appellants.

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

Decided February 16, 1999.


Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.

The petitioner hired a contractor to install a pool and a deck on his property. When the job was completed, the petitioner discovered that due to the contractor's error, the pool was not located in the proper position and that it violated a 30-foot setback requirement of the Town of Shelter Island. The petitioner therefore sought a...

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