MATTER OF SOULE v. SCALCI


288 A.D.2d 585 (2001)

732 N.Y.S.2d 662

In the Matter of C. DAVID SOULE, Respondent, v. ANTHONY SCALCI, as Zoning Enforcement Officer of the Village of Cooperstown, et al., Appellants.

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

Decided November 8, 2001.


Cardona, P. J.

Petitioner commenced this CPLR article 78 proceeding to challenge the determination of the Zoning Board of Appeals of the Village of Cooperstown (hereinafter ZBA) in Otsego County which interpreted the definition of a "tourist accommodation" in the Village's Zoning Ordinance as including petitioner's five-unit apartment house. A tourist accommodation, a permitted use in the zoning district where petitioner...

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