Opinion
2000-07967
Argued October 15, 2001.
September 24, 2002.
In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Village of Tuckahoe dated May 25, 1999, which, after a hearing, denied the petitioner's application, inter alia, to vacate a decision of the Building Inspector that the petitioner's existing and proposed uses of the subject premises were not permitted under the Zoning Ordinance of the Village of Tuckahoe, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Rudolph, J.), entered July 12, 2000, which denied the petition and dismissed the proceeding.
Cuddy Feder Worby, LLP, White Plains, N.Y. (William S. Null and Neil J. Alexander of counsel), for appellant.
Leslie B. Maron, Village Attorney, Tuckahoe, N.Y. (Gary Gjertsen of counsel), for respondents.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, WILLIAM D. FRIEDMANN, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed, with costs.
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 A.D.2d 93, 99, quoting Matter of Munro Muffler/Brake v. Town Bd. of the Town of Perinton, 222 A.D.2d 1069; see Matter of Schadow v. Wilson, 191 A.D.2d 53, 57).
The petitioner's remaining contentions are without merit.
RITTER, J.P., FLORIO, FRIEDMANN and COZIER, JJ., concur.