MATTER OF SENA v. GALLAGHER


11 Misc.2d 718 (1957)

In the Matter of Alberto F. Sena et al., Petitioners, v. William F. Gallagher et al, Constituting the Board of Appeals of the City of Peekskill, Respondents.

Supreme Court, Westchester County.

December 20, 1957.


Attorney(s) appearing for the Case

Charles E. Doyle for petitioners.

Leone Pecoraro for respondents.


ELBERT T. GALLAGHER, J.

This is a petition to review respondents' decision which denied petitioners' application for a permit to build a gasoline filling station. Before there can be a consideration on the merits, the court must determine whether the board of appeals had the power to hear the matter.

The lot in question occupies the northeast corner at the intersection of Highland and Pemart Avenues...

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