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MATTER OF LOPARCO v. NAPIERALA

513719.

96 A.D.3d 1213 (2012)

946 N.Y.S.2d 316

2012 NY Slip Op 4811

In the Matter of JOSEPH LOPARCO, Appellant, v. DANIEL NAPIERALA, as Building and Code Inspector for the Town of Maine, et al., Respondents, et al., Respondents.

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

June 14, 2012.

Egan Jr., J.

In late 2009, respondent Myron Swarts leased certain real property located in a business-1 (B-1) zoning district in the Town of Maine, Broome County and began operating a firewood processing and retail business on the premises. Shortly thereafter, respondent Daniel Napierala, the Town's code enforcement officer, inspected the premises and determined that although the firewood business was a permitted use in a B-1 zoning district, Swarts needed to obtain...

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