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MATTER OF PREL 32 REALTY, LLC v. SCHEYER

2011-06648.

96 A.D.3d 854 (2012)

946 N.Y.S.2d 227

2012 NY Slip Op 4756

In the Matter of PREL 32 REALTY, LLC, Appellant, v. RICHARD I. SCHEYER, Chairman, Board of Zoning Appeals of the Town of Islip, et al., Respondents.

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

June 13, 2012.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, a rational basis supports the determination of the Zoning Board of Appeals of the Town of Islip (hereinafter the ZBA) that the petitioner impermissibly changed the use of the subject premises from residential to both residential and commercial by fencing off a garage on the premises and permitting it to be used as an accessory structure...

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