MATTER OF ANDES v. ZONING BD. OF APPEALS OF THE TOWN OF RIVERHEAD

2018-01780. Index No. 8742/16.

217 A.D.3d 671 (2023)

191 N.Y.S.3d 423

2023 NY Slip Op 03009

In the Matter of William F. Andes, Jr., et al., Appellants, v. Zoning Board of Appeals of the Town of Riverhead et al., Respondents.

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

Decided June 7, 2023.


Attorney(s) appearing for the Case

Esseks, Hefter, Angel, Di Talia & Pasca, LLP, Riverhead, NY ( Anthony C. Pasca and Lisa J. Ross of counsel), for appellants.

Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP, Riverhead, NY ( Frank A. Isler and Christopher B. Abbott of counsel), for respondent Zoning Board of Appeals of the Town of Riverhead.

Campanelli & Associates, P.C., Merrick, NY ( Andrew J. Campanelli of counsel), for respondents John Reeve, Sandra Reeve, and J & S Reeve Summer Cottages, LLC.

Barros, J.P., Iannacci, Chambers and Christopher, JJ., concur.


In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Riverhead dated August 11, 2016, which denied the petitioners' appeal from a determination of the Building Department of the Town of Riverhead dated November 24, 2009, finding, inter alia, that a marina and commercial shellfishing operation on the subject property are legal preexisting nonconforming uses, the petitioners appeal from a judgment of the Supreme...

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