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MATTER OF SIEGEL v. ZONING BOARD OF APPEALS OF VILLAGE OF IRVINGTON

2009-10084.

73 A.D.3d 936 (2010)

899 N.Y.S.2d 862

In the Matter of ANDREW B. SIEGEL, Appellant, v. ZONING BOARD OF APPEALS OF VILLAGE OF IRVINGTON et al., Respondents.

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

Decided May 11, 2010.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, a prior proceeding pursuant to CPLR article 78 was finally determined by an unappealed judgment of the Supreme Court, Westchester County, entered August 6, 2008, which determined that the subject lots had not merged with the adjacent property under theories of common ownership or merger by use, and directed the respondent Zoning Board...

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