Rubin v. Wallace

Appeal from a judgment of the Supreme Court at Special Term, entered July 25, 1977 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, seeking to annul a determination of the respondent Board of Building and Zoning Appeals of the City of Albany. This appeal seeks review of respondent board’s determination that a certain building in the City of Albany containing seven apartments is a legal, nonconforming use under the city’s present zoning ordinance which restricts the subject area to one- and two-family dwellings. The building in issue was…