DeNicola v. Scarpelli

In DeNicola v. Scarpelli (154 A.D.2d 462) a Village Inspector charged the petitioner therein with violations, contending that her performance of motor vehicle repairs on the premises required the issuance of a special use permit under a zoning ordinance ( id., at 463). The Appellate Division, Second Department, in a CPLR article 78 proceeding brought by said petitioner, ruled that a new permit application was not required because the petitioner's certificates of occupancy evidenced that she had been granted the necessary permission required by the then applicable Building Zone Ordinance to use the premises for the repair of motor vehicles ( id., at 463-464). That case did not stand for the broad proposition that the issuance of a certificate of occupancy establishes, as a matter of law, the legality of construction on premises (see, id., at 463 -464). Indeed, the Appellate Division, Second Department, in that case, noted that there was no claim therein that the certificates of occupancy were invalid or not legally issued ( id., at 464).