Ardmar Realty Co. v. Zoning Board of Appeals — 297 A.D.2d 733

Majority

p. 733

In the Matter of Ardmar Realty Company, Appellant, v Zoning Board of Appeals of Village of Tuckahoe et al., Respondents.

[747 NYS2d 773]

p. 734

Contrary to the petitioner’s contentions, the Supreme Court properly denied its petition and dismissed the instant proceeding, since the petitioner “failed to carry [its] burden of showing that [its] contemplated use of the subject property ‘conforms with the standards imposed by the zoning ordinance’ ” (Matter of Wal-Mart Stores v Planning Bd. of Town of N. Elba, 238 AD2d 93 , 99, quoting Matter of Monro Muffler / Brake v Town Bd. of Town of Perinton, 222 AD2d 1069 ; see Matter of Schadow v Wilson, 191 AD2d 53 , 57).

The petitioner’s remaining contentions are without merit. Ritter, J.P., Florio, Friedmann and Cozier, JJ., concur.

Cases cited

Wal-Mart Stores, Inc. v. Planning Board 238 AD2d 93 N.Y. App. Div. 1998-02-05 at 99 p. 734
Monro Muffler/Brake, Inc. v. Town Board of Perinton 222 AD2d 1069 N.Y. App. Div. 1995-12-22 p. 734
Schadow v. Wilson 191 AD2d 53 N.Y. App. Div. 1993-07-01 at 57 p. 734