MATTER OF MERLOTTO v. TOWN OF PATTERSON ZONING BOARD OF APPEALS


43 A.D.3d 926 (2007)

841 N.Y.S.2d 650

In the Matter of RAYMOND MERLOTTO, Respondent, v. TOWN OF PATTERSON ZONING BOARD OF APPEALS et al., Appellants.

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

Decided September 11, 2007.


Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed.

In August 2001 the petitioner purchased property consisting of two lots in a RPL-5 district in the Town of Patterson in Putnam County which required five lots to build a residential dwelling. The property was occupied by a 650-square-foot one-story wood frame one-bedroom dwelling which was structurally unsound and...

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