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DALE T. PYNE, Appellant, v. GEORGE F. KNAISCH et al., Constituting the Board of Trustees of the Village of Orchard Park, Respondents, and JOSELA ENTERPRISES, INC., et al., Inter

Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted defendants' motions for summary judgment. The undisputed facts in this record reveal that the rezoning of the subject 7 1/2-acre parcel from single-family to multifamily residential use was consistent with a comprehensive plan for land use within the village (see, Kravetz v Plenge, 84 A.D.2d 422) and that the amendment was enacted for the general welfare of the community (see generally, 1 Anderson, New York Zoning Law and Practice § 5.03 et seq. [3d ed]). Plaintiff failed to overcome the strong presumption of validity which attaches to such legislative determinations, and his contention that this amendment constituted illegal spot zoning was properly rejected (see, Goodrich v Town of Southampton, 39 N.Y.2d 1008, 1009).

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PYNE v. KNAISCH
(Mar 16, 1990)