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MATTER OF HEALEY, JR. v. TOWN OF EAST FISHKILL ZONING BOARD OF APPEALS

50 A.D.3d 799 (2008)

855 N.Y.S.2d 239

In the Matter of FRANK E. HEALEY, JR., et al., Respondents, v. TOWN OF EAST FISHKILL ZONING BOARD OF APPEALS et al., Appellants, et al., Respondent.

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

Decided April 8, 2008.

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

The finding by the Town of East Fishkill Zoning Board of Appeals (hereinafter the Board), that pursuant to East Fishkill Town Code § 194-130 (C), the subject property is of legal size because it is a pre-existing, nonconforming lot, was rational and reasonable (see Matter of Gjerlow v Graap,

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