Allen v. Zoning Board of Appeals

Appeal from a judgment of the Supreme Court (Connor, J.), entered April 11, 2003 in Ulster County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent denying petitioners’ request for a use variance.

Petitioner Deborah J. Allen, through two corporations of which she is president, owns property in the City of Kingston, Ulster County on which she operates a bus company. The bus company, which has been in existence for over 40 years, transports special needs children within the local city school district and maintains an…