A recent appellate court case, Matter of Lazarus v Board of Trustees of the Village of Malverne, 31 NYS3d 207 [2d Dept 2016], involves the approval of a special use and the denial of a special exception for the same residential premises. Here are the facts of the case.

The house in question is a two-story single-family Cape Cod…

Continue Reading Village Says Yes To Special Use But No To Special Exception For The Same Residence