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MATTER OF VITIELLO v. CITY OF YONKERS ZONING BOARD OF APPEALS

283 A.D.2d 584 (2001)

725 N.Y.S.2d 223

In the Matter of FLORENCE VITIELLO et al., Appellants, v. CITY OF YONKERS ZONING BOARD OF APPEALS et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 21, 2001.

Ordered that the judgment is reversed, on the law, with one bill of costs, the petition is granted, and the determination is annulled.

While the instant appeal was pending, the City of Yonkers Zoning Ordinance was amended to prohibit the subject use by the respondent Action Redi-Mix, Inc. (hereinafter Redi-Mix) of its site (see, City of Yonkers Zoning Ordinance, General Ordinance No. 4 of 2000, Table 43-1). Absent certain exceptions that are not present in...

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