TOWN OF NEW BALTIMORE v. WINSLOW


39 A.D.3d 1074 (2007)

832 N.Y.S.2d 459

TOWN OF NEW BALTIMORE, Respondent, v. THOMAS WINSLOW et al., Appellants.

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

Decided April 19, 2007.


Carpinello, J.

Following a hearing in town court, defendants, who had two mobile homes on their 4.3-acre property, were found to be in violation of a town code provision prohibiting more than one mobile home on any given parcel of land. They thereafter applied for a variance, which was denied by plaintiff's Zoning Board of Appeals on May 5, 2004. They never sought review of this determination.

Thereafter, defendants failed to remove one of the mobile homes...

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