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IN THE MATTER OF 550 HALSTEAD CORP. v. ZONING BOARD OF APPEALS OF THE TOWN/VILLAGE OF HARRISON

1 N.Y.3d 561 (2003)

804 N.E.2d 413

772 N.Y.S.2d 249

In the Matter of 550 HALSTEAD CORP., Appellant, v. ZONING BOARD OF APPEALS OF THE TOWN/VILLAGE OF HARRISON et al., Respondents.

Court of Appeals of the State of New York.

Decided December 23, 2003.

Attorney(s) appearing for the Case

McCollough, Goldberger & Staudt, LLP, White Plains (Ruth F-L. Post and Anne De Sutter of counsel), for appellant.

Joseph L. Latwin, Deputy Village Attorney, Harrison, for respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Because nonconforming uses are viewed as detrimental to zoning schemes, public policy favors their reasonable restriction and eventual elimination (see Matter of Toys "R" Us v Silva, 89 N.Y.2d 411, 417 [1996]). Accordingly, municipalities may adopt measures regulating nonconforming uses and may, in a reasonable...

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