Allen v. Hattrick

In a proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent board of zoning appeals as imposed certain conditions upon the granting of petitioner’s application to repair a pre-existing nonconforming building for "a pre-existing nonconforming use, petitioner appeals from a judgment of the Supreme Court, Suffolk County (D’Amaro, J.), dated January 30, 1981, which, inter alia, dismissed the petition. Judgment reversed, on the law, with costs, petition granted, and determination annulled insofar as it set conditions. In March, 1980 petitioner applied to the…