MATTER OF NUNNALLY v. ZONING BD. OF APPEALS OF THE TOWN OF NEW WINDSOR

2020-05350. Index No. 196/20.

217 A.D.3d 950 (2023)

193 N.Y.S.3d 43

2023 NY Slip Op 03466

In the Matter of David Nunnally, Appellant, v. Zoning Board of Appeals of the Town of New Windsor et al., Respondents.

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

Decided June 28, 2023.


Attorney(s) appearing for the Case

Law Office of Charles T. Bazydlo, P.C., Thompson Ridge , NY, for appellant.

Drake Loeb PLLC, New Windsor, NY ( Ralph L. Puglielle, Jr. , of counsel), for respondent Zoning Board of Appeals of the Town of New Windsor.

Zarin & Steinmetz, White Plains, NY ( Jody T. Cross of counsel), for respondent Windsor Hospitality, LLC.

Barros, J.P., Maltese, Dowling and Voutsinas, JJ., concur.


In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Town of New Windsor dated December 9, 2019, which, after a hearing, granted the application of the respondent Windsor Hospitality, LLC, for certain area variances, the petitioner appeals from a judgment of the Supreme Court, Orange County (Catherine M. Bartlett, J.), dated June 15, 2020. The judgment denied the petition and dismissed the proceeding.

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