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MASON v. DEPT. OF BLDGS.

307 A.D.2d 94 (2003)

759 N.Y.S.2d 470

In the Matter of ROBERT MASON et al., Petitioners, v. DEPARTMENT OF BUILDINGS OF THE CITY OF NEW YORK et al., Respondents.

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

May 22, 2003.

Attorney(s) appearing for the Case

Jeffrey S. Ween of counsel (Jeffrey S. Ween & Associates, attorneys), for petitioners.

Ronald E. Sternberg of counsel (Leonard Koerner on the brief; Michael A. Cardozo, Corporation Counsel, New York City, attorney), for municipal respondents.

Richard L. Claman of counsel (Stempel Bennett Claman & Hochberg, P.C., attorneys), for 12/12 Realty Associates, respondent.

SAXE, SULLIVAN, ROSENBERGER and LERNER, JJ., concur.

OPINION OF THE COURT

TOM, J.P.

Resolution of this case turns on how we apply the term "home occupation" insofar as it is defined in the New York City Zoning Resolution. As will be discussed below, the Zoning Resolution allows for certain narrowly defined nonconforming uses, for residential premises, denoted "home occupations," which are incidental to the residential use, as a reflection of economic and demographic trends in the 1970s and early 1980s and...

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