MTR. OF CUNNINGHAM v. PLANNING BD.


4 A.D.2d 313 (1957)

In the Matter of John S. Cunningham, Respondent-Appellant, v. Planning Board of the Town of Brighton et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1957.


Attorney(s) appearing for the Case

George J. Shinnick for respondent-appellant.

Andrew L. Gilman and Harold S. Coyle for appellants-respondents.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and GOLDMAN, JJ.


GOLDMAN, J.

These are cross appeals from an order of Monroe County Special Term which directed, pursuant to article 78 of the Civil Practice Act and section 267 of the Town Law, the issuance of a temporary permit to operate a filling station and at the same time denied a variance from the provisions of the zoning ordinance of the Town of Brighton. The respondent-appellant...

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