Bayram v. City of Binghamton

OPINION OF THE COURT

Phillip R. Rumsey, J.

Petitioner commenced this CPLR article 78 proceeding, seeking an order and judgment vacating the determination of respondent City of Binghamton Zoning Board of Appeals (herein ZBA) that the occupants of 63 Helen Street do not constitute a functional and factual family equivalent, as defined by the zoning ordinance of the City, of Binghamton.

Petitioner owns a single-family residence located at 63 Helen Street, in the City of Binghamton (the property), in a R-l residential single-unit dwelling district. On June 15, 2009, petitioner entered into a written…