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MATTER OF LUCREZIA v. BOARD OF APPEALS OF TOWN OF HAVERSTRAW

2 A.D.3d 861 (2003)

769 N.Y.S.2d 397

In the Matter of SALVATORE LUCREZIA et al., Appellants, v. BOARD OF APPEALS OF TOWN OF HAVERSTRAW et al., Respondents.

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

December 29, 2003.

Ordered that the judgment is affirmed, with costs.

A court will apply the zoning ordinance currently in existence at the time a decision is rendered unless "special facts" are present to demonstrate that the municipality acted in bad faith and unduly delayed acting upon an application while the zoning law was being changed (Matter of Pokoik v Silsdorf, 40 N.Y.2d 769 [1976]; Matter of Sexton v Zoning Bd. of Appeals of Town...

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