Ardmar Realty Co. v. Zoning Board of Appeals

297 A.D.2d 733, 747 N.Y.2d 773, 747 N.Y.S.2d 773, 2002 N.Y. App. Div. LEXIS 8689

Opinion

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.