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MATTER OF SMELYANSKY v. ZONING BOARD OF APPEALS OF THE TOWN OF BETHLEHEM

510897.

83 A.D.3d 1267 (2011)

920 N.Y.S.2d 828

In the Matter of SONYA SMELYANSKY et al., Appellants, v. ZONING BOARD OF APPEALS OF THE TOWN OF BETHLEHEM, Respondent.

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

Decided April 14, 2011.

McCARTHY, J.

In 2008, petitioners purchased a parcel of property in the Town of Bethlehem, Albany County. The property contained a house that was built in 1986 and given a certificate of occupancy as a duplex, but was utilized as a three-family dwelling for many years. The prior owners removed part of a wall between two of the units, so the house was a duplex when petitioners purchased it. Petitioners applied for a building permit to convert the duplex into a three...

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