Majority
p. 529Town of Beekman, Appellant, v Wayne Cooper et al., Respondents. [662 NYS2d 270]
In an action to permanently enjoin the defendants’ alleged illegal use of property, the plaintiff appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), entered June 6, 1996, which, after a nonjury trial, dismissed the complaint.
Ordered that the judgment is affirmed, with costs.
The Supreme Court properly determined that the defendants
p. 530
met their burden of establishing a legal nonconforming use (see, Matter of Toys “R” Us v Silva, 89 NY2d 411 ; Matter of Province of Meribah Socy. of Mary v Board of Zoning Appeals, 148 AD2d 512 , 514).
The plaintiffs remaining contentions are without merit. O’Brien, J. P., Sullivan, Altman and McGinity, JJ., concur.
Cases cited
- Toys "R" Us v. Silva 89 NY2d 411 p. 530
- Province of Meribah Society of Mary, Inc. v. Village of Muttontown 148 AD2d 512 at 514 p. 530