Hotaling v. Zoning Board of Appeals

Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (William R. Roy, J), entered November 21, 2002 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum; Supreme Court properly denied the CPLR article 78 petition challenging the determination requiring petitioner to obtain a use variance, rather than an area variance, in order to operate his “adult use” business. The zoning regulation applicable herein prohibits…