Opinion
September 14, 1998
Appeal from the Supreme Court, Rockland County (Sherwood, J.).
Ordered that the notice of appeal from the interlocutory judgment is deemed an application for leave to appeal, and leave to appeal from the interlocutory judgment is granted; and it is further,
Ordered that the interlocutory judgment is affirmed, with costs.
The record here supports the conclusion that the petitioner's use of his property as an office for his distribution business was permitted as of right prior to the rezoning of the area by the Village of Airmont, and, as such, he is entitled to continue his nonconforming use of the property ( see, Matter of Harbison v. City of Buffalo, 4 N.Y.2d 553, 558; cf., Matter of Kennedy v. Zoning Bd. of Appeals, 205 A.D.2d 629; Matter of Rubin v. Wallace, 63 A.D.2d 763).
The appellants' remaining contentions are without merit.
O'Brien, J.P., Sullivan, Pizzuto and Krausman, JJ., concur.