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MATTER OF ESTATE OF STELLING v. GAUDIOSO

2019-05704. Index No. 5217/18.

204 A.D.3d 788 (2022)

164 N.Y.S.3d 485

2022 NY Slip Op 02409

In the Matter of the Estate of Linda H. Stelling, Appellant, v. Robert Gaudioso et al., Respondents.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Law Office of Vincent J. Trimarco, LLP, Smithtown, NY (Clare B. Connaughton of counsel), for appellant.

Campolo, Middleton & McCormick, LLP, Ronkonkoma, NY (Scott D. Middleton and Richard A. DeMaio of counsel), for respondents.

Iannacci, J.P., Rivera, Miller and Maltese, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The petitioner is the owner of real property in the Village of Lake Grove consisting of a 16,000-square-foot lot, improved by a single-family residence. The property is located in a residential zoning district requiring a minimum lot size of 20,000 square feet. The petitioner submitted a minor subdivision application to the Lake Grove Village Planning Board (hereinafter the Planning Board) seeking to subdivide the...

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