MATTER OF DEGROOTE v. TOWN OF GREECE BOARD OF ZONING APPEALS


35 A.D.3d 1177 (2006)

825 N.Y.S.2d 878

In the Matter of JAN DEGROOTE, Appellant, v. TOWN OF GREECE BOARD OF ZONING APPEALS, Respondent.

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

Decided December 22, 2006.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the petition seeking, inter alia, a judgment annulling the determination of respondent denying the application for an area variance that would have allowed petitioner to locate his proposed adult bookstore 50 feet from a "lot on which a dwelling unit is located" rather than, as prescribed by the...

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