Opinion
April 15, 1994
Appeal from the Supreme Court, Cayuga County, Corning, J.
Present — Denman, P.J., Balio, Lawton, Doerr and Davis, JJ.
Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly determined that petitioner's use of two mobile home trailers on the property constituted a prior nonconforming residential use. Assuming, arguendo, that one of the mobile home trailers was used briefly for storage purposes, no evidence was presented to the Board of Appeals that would support an inference that petitioner intended to abandon residential use (see, Matter of Daggett v Putnam, 40 A.D.2d 576; see also, Barron v Getnick, 107 A.D.2d 1017, 1018). Under the circumstances, there was no need to grant a variance, and that paragraph of the judgment is deleted.