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MATTER OF E & S REALTY, LLC v. BOARD OF APPEALS OF VIL. OF SANDS POINT

2019-10343. Index No. 1187/18.

208 A.D.3d 1236 (2022)

175 N.Y.S.3d 269

2022 NY Slip Op 05209

In the Matter of E & S Realty, LLC, Appellant, v. Board of Appeals of Village of Sands Point, Respondent. Marilyn Brechner et al., Intervenors-Respondents.

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

Decided September 21, 2022.

Attorney(s) appearing for the Case

Albanese & Albanese LLP, Garden City, NY ( Bruce W. Migatz of counsel), for appellant.

Sahn Ward Braff Koblenz PLLC, Uniondale, NY ( Michael H. Sahn and Joseph R. Bjarnson of counsel), for respondent-respondent.

Farrell Fritz, P.C., Hauppauge, NY ( Anthony S. Guardino of counsel), for intervenors-respondents (no brief filed).

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

Ordered that the judgment is affirmed, with costs to the respondent Board of Appeals of Village of Sands Point.

The petitioner owns the subject property located within a residential district in the Village of Sands Point. In 1989, the Village adopted a local law amending its zoning law to prohibit the use of accessory structures in a residential district for "habitable purposes" (Code of Village of Sands Point § 176-21[J])

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