Rebhan v. Zoning Board of Appeals of Town of Milan

Kane, J. P.

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Hillary, J.), entered August 15, 1989 in *729Dutchess County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent revoking a certificate of occupancy granted to petitioners.

On July 11, 1984, the Zoning Enforcement Officer (hereinafter ZEO) for the Town of Milan issued a certificate of occupancy to petitioners for a previously unoccupied structure on an adjoining parcel of land to that upon…