Eger v. Levine

Mahoney, P. J.,

Appeal from a judgment of the Supreme Court (Brown, J.), entered August 31, 1988 in Saratoga County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul respondents’ determination denying petitioner’s request for a use variance.

Petitioner owns a four-family dwelling in the City of Sara-toga Springs, Saratoga County. Petitioner’s request to the City Building Inspector for a certificate of occupancy was refused on the ground that a four-unit dwelling is not permitted in an R-3 zone where the building is located. Petitioner appealed to…