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Matter of Gould Investors L.P. v. Blaustein

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1999
258 A.D.2d 461 (N.Y. App. Div. 1999)

Opinion

February 1, 1999

Appeal from the Supreme Court, Nassau County (Schmidt, J.).


Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, the determination that 17 additional parking spaces were required to legalize the existing use of the basement offices in the subject premises was supported by substantial evidence ( see, Human Dev. Servs. v. Zoning Bd. of Appeals, 67 N.Y.2d 702; Conway v. Kerr, 51 A.D.2d 758).

Moreover, at the time the original permit application was filed in 1965, the then-owners indicated that they were going to purchase an adjacent parcel with an area of 6, 175 square feet, which was to be used strictly for additional parking. On August 17, 1966, the Building Department of the Village of East Hills issued a certificate of occupancy in reliance on the owners' purchase of said parcel, having included that 6,175 square feet area in the site plan. Under these circumstances, the petitioner's argument that the 17 additional parking spaces were provided gratuitously at the time of the original application is without merit.

Mangano, P. J., Sullivan, Florio and McGinity, JJ., concur.


Summaries of

Matter of Gould Investors L.P. v. Blaustein

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1999
258 A.D.2d 461 (N.Y. App. Div. 1999)
Case details for

Matter of Gould Investors L.P. v. Blaustein

Case Details

Full title:In the Matter of GOULD INVESTORS L.P., Appellant, v. LISA BLAUSTEIN, as…

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

Date published: Feb 1, 1999

Citations

258 A.D.2d 461 (N.Y. App. Div. 1999)
684 N.Y.S.2d 591