PEEKSKILL SUBURBS, INC. v. MORABITO, 51 N.Y.2d 941 (1980)

434 N.Y.S.2d 995, 415 N.E.2d 983

PEEKSKILL SUBURBS, INC., Appellant, v. MURIEL H. MORABITO et al., Constituting the Town Board of the Town of Cortlandt, et al., Respondents.

Court of Appeals of the State of New York.Argued October 6, 1980
Decided November 18, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE BEISHEIM, JR., J.

Page 942

George Palmer Frooks and Everett Frooks for appellant.

Frank J. Ryan and Richard A. De Lorenzo for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On this record, it cannot be said that petitioner has established a legal infirmity in the denial of the change of zoning. Nor can we conclude that the refusal to grant the change is confiscatory, especially since the property is the subject of nonconforming uses which were not alleged or shown to be without economic value.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed, with costs, in a memorandum.

Page 943