Albany Basketball & Sports Corp. v. City of Albany

Appeal from a judgment of the Supreme Court (Lynch, J.), entered May 22, 2013 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent City of Albany Board of Zoning Appeals finding that petitioner’s current use of its premises was not a permitted use under the Code of the City of Albany.

Petitioner is the proprietor of the Washington Avenue Ar*1136mory, which is located in the City of Albany. The Armory is situated in a commercial office (hereinafter CO) zoning district. Pursuant to a request from petitioner in…