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MATTER OF FOWLKES v. BOARD OF ZONING APPEALS OF THE TOWN OF NORTH HEMPSTEAD

52 A.D.3d 711 (2008)

860 N.Y.S.2d 202

In the Matter of MARTHA FOWLKES, Appellant, v. BOARD OF ZONING APPEALS OF THE TOWN OF NORTH HEMPSTEAD, Respondent.

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

Decided June 17, 2008.

Ordered that the judgment is affirmed, with costs.

The petitioner owns a residence in the Town of North Hempstead which, pursuant to a certificate of occupancy, is certified to be used as a one-family residence. However, since its purchase in 1967, the premises have been used as a two-family residence. The petitioner's application for a building permit to maintain the existing structure as a two-family residence was denied because the premises did not meet the minimum...

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