E.P.G. Associates v. City of Ithaca Board of Zoning Appeals

—Carpinello, J.

Appeal from a judgment of the Supreme Court (Rumsey, J.), entered January 15, 1998 in Tompkins County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent revoking petitioner’s right to use its property for a nonconforming use.

Petitioner is the owner of a three-story house in the City of Ithaca, Tompkins County, located in a single-family residential zone. Pursuant to grandfathered zoning rights, however, the property was permitted to remain a two-family residence with a maximum occupancy of three…