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MATTER OF HUMPHREYS v. SOMERS ZONING BD. OF APPEALS

2019-09485, Index No. 52216/19.

206 A.D.3d 1000 (2022)

168 N.Y.S.3d 871

2022 NY Slip Op 04171

In the Matter of T. Barlow Humphreys et al., Appellants, v. Somers Zoning Board of Appeals et al., Respondents.

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

Decided June 29, 2022.

Attorney(s) appearing for the Case

Michael V. Caruso, P.C., Bewster, NY, for appellants.

Stephens, Baroni, Reilly & Lewis, LLP, White Plains, NY ( Gerald D. Reilly of counsel), for respondent Somers Zoning Board of Appeals.

Hogan & Rossi, Brewster, NY ( Jamie Spillane of counsel), for respondents Kaela Choquette and David Potter.

Connolly, J.P., Roman, Christopher and Ford, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The respondents Kaela Choquette and David Potter (hereinafter together the applicants) own two contiguous parcels of real property located on approximately 12 acres in the Town of Somers. The parcels are located within a residential district, in which the Code of the Town of Somers (hereinafter the Town Code) permits a barn and up to two horses (see Town Code § 170-11[B][3][d]; [8]). In addition, the Town...

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