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IN THE MATTER OF CONTI v. ZONING BD. OF APPEALS OF VIL. OF ARDSLEY

2007-01644.

2008 NY Slip Op 06206

IN THE MATTER OF ADAM CONTI, ET AL., appellants, v. ZONING BOARD OF APPEALS OF VILLAGE OF ARDSLEY, ET AL., respondents.

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

Decided July 8, 2008.

Attorney(s) appearing for the Case

Swidler & Messi, LLP, New York, N.Y. (Steven A. Swidler of counsel), for appellants.

Phillip A. Grimaldi, Jr., Hawthorne, N.Y., for respondent Zoning Board of Appeals of Village of Ardsley.

Keane & Beane, P.C., White Plains, N.Y. (Judson K. Siebert and Jennifer L. Reinke of counsel), for respondents Henry Groth and Kathryn Groth.

Before: REINALDO E. RIVERA, J.P., DAVID S. RITTER, HOWARD MILLER, RUTH C. BALKIN, JJ.

DECISION & ORDER

ORDERED that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, and the determination is annulled.

In 1954 Henry Groth and Kathryn Groth purchased, from the Town of Greenburgh, four laterally contiguous lots, each of which had 50 feet of street frontage. The lots are located in a one-family residential "R-3" district in the Village of Ardsley. The 50-foot frontage of the lots became nonconforming...

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