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MATTER OF P.M.S. ASSETS, LTD. v. ZONING BOARD OF APPEALS OF VILLAGE OF PLEASANTVILLE

98 N.Y.2d 683 (2002)

774 N.E.2d 204

746 N.Y.S.2d 440

In the Matter of P.M.S. ASSETS, LTD., Respondent, v. ZONING BOARD OF APPEALS OF VILLAGE OF PLEASANTVILLE, Appellant.

Court of Appeals of the State of New York.

Decided July 1, 2002.

Attorney(s) appearing for the Case

Wormser, Kiely, Galef & Jacobs LLP, White Plains (Lester D. Steinman of counsel), for appellant.

Shamberg Marwell Hocherman Davis & Hollis, P.C., Mount Kisco (Robert F. Davis and Adam L. Wekstein of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to the Appellate Division, Second Department, for consideration of issues raised but not determined on the appeal to that Court.

In 1997, petitioner acquired a parcel of real property, improved with two structures and situated in a residentially-zoned neighborhood. The previous owners of the property had operated commercial...

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