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MATTER OF HOOTS v. TOWN OF ROCHESTER ZONING BD. OF APPEALS

533756.

206 A.D.3d 1210 (2022)

170 N.Y.S.3d 285

2022 NY Slip Op 03787

In the Matter of Allison Hoots et al., Appellants, v. Town of Rochester Zoning Board of Appeals et al., Respondents.

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

Decided June 9, 2022.

Attorney(s) appearing for the Case

Jacobowitz & Gubits LLP, Walden (J. Benjamin Gailey of counsel), for appellants.

Law Office of Mary Lou P. Christiana, Kingston (Mary Lou P. Christiana of counsel), for Town of Rochester Zoning Board of Appeals, respondent.

Gordon & Svenson LLP, Poughkeepsie (Emily B. Svenson of counsel), for Rovika Rajkishun and others, respondents.

Aarons, J.P., Pritzker, Reynolds Fitzgerald and Ceresia, JJ., concur.

In 2018, petitioners were issued a building permit to construct a two-story guest house and studio on their property situated on a private road in the Town of Rochester, Ulster County. Shortly after receiving the certificate of occupancy, petitioners filed an application with the Town of Rochester Code Enforcement Officer (hereinafter...

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