Loparco v. Napierala

Appeal from a judgment of the Supreme Court (Lebous, J.), entered March 21, 2011 in Broome County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

In late 2009, respondent Myron Swarts leased certain real property located in a business-1 (B-l) zoning district in the Town of Maine, Broome County and began operating a firewood processing and retail business on the premises. Shortly thereafter, respondent Daniel Napierala, the Town’s code enforcement officer, inspected the premises and determined that although the firewood business was a permitted use in a B-l zoning…