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HOLIHAN v. TOWN OF ORANGETOWN

2015-05468, Index No. 35704/14.

152 A.D.3d 747 (2017)

2017 NY Slip Op 05808

59 N.Y.S.3d 419

RICHARD HOLIHAN et al., Appellants, v. TOWN OF ORANGETOWN, Respondent.

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

Decided July 26, 2017.

Ordered that the order is affirmed, with costs.

The plaintiffs own a parcel of real property in the Town of Orangetown in a zoning district that permits only one dwelling per lot. In 1985, they applied for a variance from the Town's Zoning Board of Appeals (hereinafter the ZBA) to allow them to build a "garage w/dwelling for immediate family (mother)." The ZBA granted the variance, the plaintiffs built the second dwelling...

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