Mimassi v. Town of Whitestown Zoning Board of Appeals

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (Norman I. Siegel, A.J.), entered April 2, 2009 in a proceeding pursuant to CPLR article 78. The judgment granted the motion of respondents and dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner owns property located in the Town of Whitestown (Town) in a zoning district that does not permit multifamily dwellings pursuant to the Town’s current Zoning Code (Code). When petitioner purchased the property, a farmhouse located there…