MATTER OF LAZARUS v. BOARD OF TRUSTEES OF INC. VILLAGE OF MALVERNE

2014-09230, Index No. 13849/13.

140 A.D.3d 773 (2016)

31 N.Y.S.3d 207

2016 NY Slip Op 04224

In the Matter of LORAINE LAZARUS, Respondent, v. BOARD OF TRUSTEES OF INCORPORATED VILLAGE OF MALVERNE, Appellant.

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

Decided June 1, 2016.


Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.

The petitioner owns a single-family house in a Residence B Zoning District within the Incorporated Village of Malverne (hereinafter the Village). In 2011, the petitioner applied, inter alia, for a special exception permit to approve mother-daughter occupancy status for the house and to maintain a structure consisting of a second story...

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