Diana v. City of Amsterdam Zoning Board of Appeals
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from a judgment of the Supreme Court (Best, J.), entered September 17, 1996 in Montgomery County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul that portion of a determination of respondent denying petitioners a use variance.
In November 1994, petitioners purchased the former National Guard Armory situated in the City of Amsterdam, Montgomery County, from the State at a public auction conducted pursuant to Public Lands Law § 33. At the time of the purchase, the property was situated in an “R-2” zone of the City, which permitted it to be…
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