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J. NAZZARO PARTNERSHIP, L.P. v. STATE OF NEW YORK

2019-07827.

205 A.D.3d 690 (2022)

168 N.Y.S.3d 479

2022 NY Slip Op 02984

J. Nazzaro Partnership, L.P., Appellant, v. State of New York, Respondent.

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

Decided May 4, 2022.

Attorney(s) appearing for the Case

Michael M. Fufidio, Kings Park, NY, for appellant.

Letitia James, Attorney General, New York, NY (Anisha S. Dasgupta, Joshua M. Parker, and Elizabeth Brody of counsel), for respondent.

Dillon, J.P., Brathwaite Nelson, Rivera and Wooten, JJ., concur.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

On November 22, 2010, the claimant purchased real property known as 705 Smithtown Bypass (hereinafter the property) for $1 million. The property, which encompassed 49,034 square feet, consisted of two tax lots which the Town of Smithtown regarded as a single parcel. Both lots were split-zoned and included both NB (neighborhood business) and R-10...

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