Lindstrom v. Zoning Board of Appeals

The appeal from the intermediate order is dismissed because no appeal lies of right from an intermediate order in a proceeding pursuant to CPLR article 78 (see, CPLR 5701 [b]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501 [a] [1]).

The respondent Yung Sam Ski, Ltd. (hereinafter Yung Sam), purchased a ski area in the early 1970’s. Subsequently, the ski area was rezoned from commercial amusement use to residential use. Accordingly, the ski use constituted a nonconforming use. In recent years,…