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MATTER OF GASPARINI v. ZONING BD. OF APPEALS OF THE TOWN OF NEWBURGH

2021-02888 Index No. 6085/20.

222 A.D.3d 644 (2023)

201 N.Y.S.3d 192

2023 NY Slip Op 06249

In the Matter of Emma Lynn Gasparini, Appellant, v. Zoning Board of Appeals of the Town of Newburgh, Respondent.

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

Decided December 6, 2023.

Attorney(s) appearing for the Case

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

Dickover, Donnelly & Donovan, LLP, Goshen, NY ( David A. Donovan of counsel), for respondent.

Iannacci, J.P., Genovesi, Ford and Wan, JJ., concur.

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Newburgh dated June 25, 2020, which, after a hearing, denied the petitioner's application for a determination that the use of the subject property as a two-family dwelling constituted a legal preexisting nonconforming use, or, in the alternative, for a use variance, the petitioner appeals from a judgment of the Supreme Court, Orange County (Maria S. Vazquez...

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