Appellate Division of the Supreme Court of the State of New York September 29, 2000 (Thomas v. City of Buffalo Inspections Department)

—Judgment unanimously affirmed without costs. Memorandum: On December 18, 1996, the Zoning Board of Appeals of the City of Buffalo (ZBA) granted the application of respondent Jaffry N. Mohamed for a variance permitting him to expand the nonconforming use of his property as a retail store to include a take-out restaurant.