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MATTER OF MIMASSI v. TOWN OF WHITESTOWN ZONING BD. OF APPEALS

CA 09-01199.

67 A.D.3d 1454 (2009)

889 N.Y.S.2d 337

2009 NY Slip Op 08420

In the Matter of MICHAEL J. MIMASSI, Appellant, v. TOWN OF WHITESTOWN ZONING BOARD OF APPEALS et al., Respondents.

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

Decided November 13, 2009.

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

Memorandum: Petitioner owns property located in the Town of Whitestown (Town) in a zoning district that does not permit multifamily dwellings pursuant to the Town's current Zoning Code (Code). When petitioner purchased the property, a farmhouse located there had been converted into a three-family dwelling prior to the passage of the current Code and was thus permitted to...

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