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MATTER OF CIOPPA v. APOSTOL

301 A.D.2d 987 (2003)

755 N.Y.S.2d 458

In the Matter of GAETANO CIOPPA et al., Appellants, v. G. MICHAEL APOSTOL, as Chair of the Board of Zoning Appeals of the City of Albany, et al., Respondents.

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

Decided January 30, 2003.

Lahtinen, J.

Petitioners challenge on constitutional grounds the use of Albany City Code § 375-91 by respondents to extinguish petitioners' preexisting nonconforming use. Petitioners Gaetano Cioppa and Laurel Cioppa own real property located at 368 Madison Avenue in the City of Albany. The building includes two apartments and a tavern, petitioner Bottoms-Up Grill, Inc., which the Cioppas have operated at that location since 1961. The area has been zoned residential...

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