Appellate Division of the Supreme Court of the State of New York June 10, 2004 (Spilka v. Town of Inlet)

Kane, J.

Appeal from an order of the Supreme Court (Aulisi, J.), entered July 11, 2003 in Hamilton County, which, inter alia, denied defendant’s motion to dismiss the complaint.

Since 2001, plaintiff has owned a one-family dwelling in the Town of Inlet, Hamilton County. Under a 1966 zoning ordinance, the property is in an R-l residence district.