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MATTER OF SID JACOBSON JEWISH COMMUNITY CTR., INC. v. ZONING BD. OF APPEALS OF THE INC. VIL. OF BROOKVILLE

2018-01586. Index No. 769/17.

192 A.D.3d 693 (2021)

144 N.Y.S.3d 54

2021 NY Slip Op 01264

In the Matter of Sid Jacobson Jewish Community Center, Inc., Appellant, v. Zoning Board of Appeals of the Incorporated Village of Brookville, Respondent.

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

Decided March 3, 2021.

Attorney(s) appearing for the Case

Sahn Ward Coschignano, PLLC, Uniondale, NY ( Michael H. Sahn and Joseph R. Bjarnson of counsel), for appellant.

Chase, Rathkopf & Chase, LLP, Glen Cove, NY ( Daren A. Rathkopf and Tip Henderson of counsel), for respondent.

Rivera, J.P., Chambers, Iannacci and Wooten, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The petitioner, Sid Jacobson Jewish Community Center, Inc. (hereinafter the JCC), is the owner of the subject property, located in Brookville. The subject property is located in an R-5 zoning district. The R-5 district permits detached single-family dwellings and certain conditional uses, including, as relevant here, "any ... nonresidential uses which may not be excluded pursuant to the state and federal laws." The...

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