MATTER OF TOMICH v. LOWERY

2011-02664.

94 A.D.3d 1134 (2012)

942 N.Y.S.2d 618

2012 NY Slip Op 3206

In the Matter of ZORINA TOMICH, Respondent, v. HUGH H. LOWERY et al., Appellants.

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

Decided April 24, 2012.


Ordered that the judgment is affirmed, without costs or disbursements.

The Zoning Board of Appeals of the Town of Huntington (hereinafter the ZBA) determined that the petitioner failed to establish that the continuous nonconforming use of the subject property as a multi-family dwelling began prior to the 1934 enactment of the relevant zoning code. Thus, the ZBA denied that branch of the petitioner's application which was for a nonconforming use variance. The Supreme...

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