MATTER OF ALCANTARA v. ZONING BOARD OF APPEALS


64 A.D.3d 774 (2009)

883 N.Y.S.2d 303

In the Matter of DANNY ALCANTARA, Respondent, v. ZONING BOARD OF APPEALS, VILLAGE OF OSSINING, STATE OF NEW YORK, Appellant.

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

Decided July 28, 2009.


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

The petitioner applied to the Zoning Board of Appeals, Village of Ossining, State of New York (hereinafter the ZBA) for an area variance for parking associated with a mixed use residential and commercial property. He stated that he intended to renovate the commercial portion of the property and convert...

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