Ganim v. Village of New York Mills

Stewart F. Hancock, Jr., J.

The question in this article 78 proceeding is whether the existing nonconforming use of petitioners’ property — as a three- or four-family dwelling— may be changed without permission under the New York Mills Zoning Ordinance adopted in June of 1970 to a rooming or boarding house to be used in conjunction with a family care program under section 34 of the Mental Hygiene Law to be administered by Utica State Hospital.

The provision of the zoning ordinance pertaining to changes in nonconforming uses is as follows; “3. Changes. A non*654conforming nse may be changed to…