MATTER OF FRANMOR REALTY CORP. v. LE BOEUF

In a proceeding under article 78 of the Civil Practice Act, an order has been made confirming a determination of the board of zoning appeals of the village of Old Westbury, which affirmed the denial by the village clerk of an application for a permit for the building of structures for use as a gasoline station on premises owned by petitioner. Order unanimously affirmed, with $50 costs and disbursements. Subdivision 4 of section 900 of the village zoning ordinance barred granting of the permit where the nonconforming use had been "discontinued for a period exceeding twelve (12) months". The time period specified makes inapplicable the cases invoked by petitioner. (8 McQuillin on Municipal Corporations [3d ed.], pp. 366-367, 381-382.) This view makes it unnecessary to determine whether the permit was properly denied under other provisions in the zoning ordinance.