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IN THE MATTER OF SAVETSKY v. BOARD OF ZONING APPEALS OF THE TOWN OF SOUTHAMPTON

5 A.D.3d 779 (2004)

774 N.Y.S.2d 188

In the Matter of LAWRENCE SAVETSKY et al., Respondents, v. BOARD OF ZONING APPEALS OF THE TOWN OF SOUTHAMPTON et al., Appellants.

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

March 29, 2004.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed, and the determination of the Board of Zoning Appeals of the Town of Southampton dated October 4, 2001, is reinstated.

The property at issue is located in the Town of Southampton, and is improved with several buildings constituting a nonconforming multi-family use (see Matter of Toys "R" Us v Silva, 89 N.Y.2d 411

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