Opinion
October 1, 1992
Appeal from the Supreme Court, Albany County (Hughes, J.).
Petitioner requested and was granted a building permit in 1989 to pave part of its property for the creation of additional parking. Petitioner erroneously stated on its permit application that the property was located at 976 Central Avenue in the City of Albany when, in fact, the correct address was 967 Central Avenue. When respondent City of Albany Department of Buildings discovered this misinformation, it revoked the permit and ordered petitioner to return the site to its prior condition. The issuance of the building permit was not valid as it was in violation of the existing zoning ordinance and estoppel is not available against a municipality in this type of situation (see, Matter of Showers v Town of Poestenkill Zoning Bd. of Appeals, 176 A.D.2d 1157, 1159, lv denied 79 N.Y.2d 754; Smith v City of Albany, 115 A.D.2d 825, 826). In addition, as "[a]n invalidly granted permit `vests no rights in contravention of a zoning ordinance in the person obtaining that permit'" (Matter of Showers v Town of Poestenkill Zoning Bd. of Appeals, supra, at 1159, quoting Matter of Cowger v Mongin, 87 A.D.2d 932, 934, lv denied 57 N.Y.2d 601, appeal dismissed, cert denied 459 U.S. 1095; see also, Scott v Manilla, 163 A.D.2d 901, 902, appeal dismissed 76 N.Y.2d 983), the Department had the authority to revoke the permit (see, Matter of Parkview Assocs. v City of New York, 71 N.Y.2d 274, 281-282).
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.