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Matter of Foster v. Goldman

Appellate Division of the Supreme Court of New York, Second Department
Sep 14, 1998
253 A.D.2d 823 (N.Y. App. Div. 1998)

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.


Summaries of

Matter of Foster v. Goldman

Appellate Division of the Supreme Court of New York, Second Department
Sep 14, 1998
253 A.D.2d 823 (N.Y. App. Div. 1998)
Case details for

Matter of Foster v. Goldman

Case Details

Full title:In the Matter of GERALD FOSTER, Respondent, v. DANIEL GOLDMAN et al.…

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

Date published: Sep 14, 1998

Citations

253 A.D.2d 823 (N.Y. App. Div. 1998)
677 N.Y.S.2d 506

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