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Town of Beekman, Appellant, v. Wayne Cooper et al., Respondents

New York Supreme Court, Appellate Division1997-09-08
242 A.D.2d 529662 N.Y.S.2d 270

Authorities cited

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Opinion

majority opinion

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 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.