Opinion
May 21, 2001.
James G. Sweeney, P.C., Goshen, N.Y., for appellants.
William M. Mooney, Corporation Counsel, Yonkers, N.Y. (Alain M. Natchev of counsel), for respondent City of Yonkers Zoning Board of Appeals.
Bleakley Platt Schmidt, LLP, White Plains, N.Y. (Anne B. Cahill of counsel), for respondent Action Redi-Mix, Inc.
ORDERED that the judgment is reversed, on the law, with one bill of costs, the petition is granted, and the determination is annulled.
While the instant appeal was pending, the City of Yonkers Zoning Ordinance was amended to prohibit the subject use by the respondent Action Redi-Mix, Inc. (hereinafter Redi-Mix) of its site (see, City of Yonkers Zoning Ordinance, General Ordinance No. 4 of 2000, Table 43-1). Absent certain exceptions that are not present in this case, the law as it exists at the time a decision is rendered on an appeal is controlling (see, Matter of Marasco v. Zoning Bd. of Appeals of Vil. of Westbury, 242 A.D.2d 724; Matter of Buffolino v. Board of Zoning of Appeals, 230 A.D.2d 794; Matter of Semerjian v. Vahradian, 186 A.D.2d 202; Matter of Hazzard v. Moraitis, 172 A.D.2d 753, 754; Matter of Shiloh Gospel Chapel v. Roer, 170 A.D.2d 608). As a consequence, the area variances should be denied (see, Matter of Boardwalk Mgt. Corp. v. Town of Southampton Zoning Bd. of Appeals, 226 A.D.2d 717, 718; Matter of Carlton v. Zoning Bd. of Appeals of Town of Bedford, 111 A.D.2d 169). Therefore, the Supreme Court's judgment must be reversed and the determination granting the area variances annulled.
FRIEDMANN, J.P., GOLDSTEIN, FEUERSTEIN and CRANE, JJ., concur.