IN THE MATTER OF EVANS v. TOWN OF GREENFIELD ZONING BOARD OF APPEALS


3 A.D.3d 705 (2004)

770 N.Y.S.2d 773

In the Matter of GRIFFITH DAVID EVANS, as Administrator of the Estate of GRIFFITH DANIEL EVANS, Deceased, Respondent, v. TOWN OF GREENFIELD ZONING BOARD OF APPEALS et al., Appellants.

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

January 15, 2004.


Crew III, J.P.

Decedent, who owned two large parcels of land in the Town of Greenfield, Saratoga County, died intestate in 1983. In 2002, petitioner, decedent's son and the administrator of decedent's estate, applied to respondent Gerard McKenna, the Town of Greenfield Zoning Administrator, for permission to subdivide the two parcels into three separate lots. In so doing, petitioner relied upon Greenfield Town Code § 105.22 (A), which permits, in certain circumstances...

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