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In re Narby v. Board of Trustees

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1997
237 A.D.2d 608 (N.Y. App. Div. 1997)

Opinion

March 31, 1997.

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Trustees of the Incorporated Village of Patchogue, dated September 25, 1995, which, after a hearing, revoked the nonconforming use of the petitioners' garage as a one-family residence.

Before: Rosenblatt, J. P., O'Brien, Copertino and Goldstein, JJ.


Adjudged that the petition is granted, on the law, without costs or disbursements, to the extent that the determination insofar as it revoked the nonconforming use of the second floor of the garage is annulled, the determination is otherwise confirmed, and the proceeding is otherwise dismissed, without costs or disbursements.

The Village of Patchogue Code § 93-44 (C) and § 93-59 (A) do not confer upon the Board of Trustees of the Incorporated Village of Patchogue the power to revoke the nonconforming use of the entire garage structure. The determination is modified accordingly.

We have reviewed the petitioners' remaining contention and find it to be without merit.


Summaries of

In re Narby v. Board of Trustees

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1997
237 A.D.2d 608 (N.Y. App. Div. 1997)
Case details for

In re Narby v. Board of Trustees

Case Details

Full title:In the Matter of SELBERN J. NARBY, JR., et al., Petitioners, v. BOARD OF…

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

Date published: Mar 31, 1997

Citations

237 A.D.2d 608 (N.Y. App. Div. 1997)
655 N.Y.S.2d 1000