MATTER OF CITRIN v. BOARD OF ZONING & APPEALS OF TOWN OF NORTH HEMPSTEAD

2015-12379, Index No. 4566/15.

143 A.D.3d 893 (2016)

2016 NY Slip Op 06827

39 N.Y.S.3d 229

In the Matter of RONALD CITRIN et al., Appellants, v. BOARD OF ZONING AND APPEALS OF TOWN OF NORTH HEMPSTEAD, Respondent.

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

Decided October 19, 2016.


Ordered that the judgment is reversed, on the law, with costs, the petition is granted, and the portion of the determination that imposed the five-year durational limit is annulled.

The petitioners own property on a split-zone lot in the Town of North Hempstead. On that property is an established restaurant, which is located within the Town's business district, and an adjoining parking lot, which extends into the Town's residence district. The Town's Board of Zoning...

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