MATTER OF LABATE v. DeCHANCE

2019-00447. Index No. 3380/18.

189 A.D.3d 838 (2020)

138 N.Y.S.3d 196

2020 NY Slip Op 07196

In the Matter of Vincent Labate, Appellant, v. Paul M. DeChance et al., Respondents.

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

Decided December 2, 2020.


Attorney(s) appearing for the Case

Fredrick P. Stern, P.C., Nesconset, NY, for appellant.

Annette Eaderesto , Town Attorney, Farmingville, NY ( John Doyle of counsel), for respondents.

Scheinkman, P.J., Balkin, Cohen and LaSalle, JJ., concur.


Ordered that the judgment is reversed, on the law, with costs, the petition is granted, the determination is annulled, and the matter is remitted to the Zoning Board of Appeals of the Town of Brookhaven for the issuance of the requested certificate of existing use.

The petitioner is the owner of real property on Prince Road, in Rocky Point, Suffolk County. Prior to the petitioner's ownership, the property had been used...

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