TOWN OF NORTH EAST v. VITIELLO

2015-05923 Index No. 6041/10.

159 A.D.3d 766 (2018)

72 N.Y.S.3d 134

2018 NY Slip Op 01497

TOWN OF NORTH EAST, Respondent, v. ERASMO VITIELLO et al., Appellants.

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

Decided March 7, 2018.


Ordered that the judgment is affirmed, with costs.

The defendants constructed a residence on property they owned in the Town of North East. Following the denial of an application for a certificate of occupancy, the defendants applied to the Town of North East Zoning Board of Appeals (hereinafter the ZBA) for a variance to allow the issuance of a certificate of occupancy for the residence without meeting certain requirements regarding direct access to, or road frontage...

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