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MATTER OF ARDMAR REALTY COMPANY v. ZONING BOARD OF APPEALS OF VILLAGE OF TUCKAHOE

297 A.D.2d 733 (2002)

747 N.Y.S.2d 773

In the Matter of ARDMAR REALTY COMPANY, Appellant, v. ZONING BOARD OF APPEALS OF VILLAGE OF TUCKAHOE et al., Respondents.

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

Decided September 23, 2002.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contentions, the Supreme Court properly denied its petition and dismissed the instant proceeding, since the petitioner "failed to carry [its] burden of showing that [its] contemplated use of the subject property `conforms with the standards imposed by the zoning ordinance'" (Matter of Wal-Mart Stores v Planning Bd. of Town of N. Elba, 238 A.D.2d 93

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