J.H., Jr., & E.T., Sr. Wurz Realty Partnership v. Zoning Board of Appeals

—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Petitioners commenced this proceeding to challenge the determination of respondent Zoning Board of Appeals of the Village of New York Mills (Board) interpreting the Zoning Law of New York Mills as imposing a 200-foot minimum rear yard setback requirement on their property and denying their application for an area variance for the construction of an addition to the main building.

Supreme Court properly dismissed the petition insofar as it sought a declaration that the…