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ANGIOLILLO v. GREENBURGH

290 A.D.2d 1 (2001)

735 N.Y.S.2d 66

In the Matter of DOMINICK ANGIOLILLO, JR., et al., Respondents-Appellants, v. TOWN OF GREENBURGH et al., Respondents, and WBRC CORPORATION et al., Appellants-Respondents. (Appeal No. 1.) In the Matter of DOMINICK ANGIOLILLO, JR., et al., Appellants, v. TOWN OF GREENBURGH et al., Respondents. (Appeal No. 2.)

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

December 3, 2001.

Attorney(s) appearing for the Case

Greene & Zinner, P. C., White Plains (Stanley S. Zinner of counsel), for appellants-respondents in Appeal No. 1 and WBRC Corporation and another, respondents in Appeal No. 2.

Thomas J. Abinanti, White Plains, for respondents-appellants in Appeal No. 1 and appellants in Appeal No. 2.

Susan A. Mancuso, Town Attorney, Elmsford (Edward M. Lieberman of counsel), for Town of Greenburgh and another, respondents in Appeal Nos. 1 and 2.

FRIEDMANN, H. MILLER and SMITH, JJ., concur.

OPINION OF THE COURT

S. MILLER, J. P.

Among the issues to be decided herein is one that is claimed to have a potentially unsettling impact upon properties developed in accordance with an accepted zoning practice. Does the combination of undeveloped, preexisting, nonconforming building lots require site-plan approval before a home may be built on the resulting conforming lot? In this case, where a developer has combined 15 such nonconforming lots into five...

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