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IN THE MATTER OF DIPACI v. ZONING BD. OF APPEALS OF THE VILLAGE OF UPPER NYACK

4 A.D.3d 354 (2004)

770 N.Y.S.2d 884

In the Matter of SUSAN DIPACI, Appellant, v. ZONING BOARD OF APPEALS OF THE VILLAGE OF UPPER NYACK, Respondent.

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

February 2, 2004.

Ordered that the judgment is affirmed, with costs.

The petitioner owns a parcel of property in the Village of Upper Nyack approximately 97,900 square feet large. The parcel is situated in a zoning district which requires, inter alia, that each lot contain at least 40,000 square feet. The petitioner, who sought to subdivide her property into three substandard lots, applied to the Zoning Board of Appeals of the Village of Upper Nyack (hereinafter the ZBA) for an area...

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