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MATTER OF WEHR v. CROWLEY

6 A.D.2d 214 (1958)

In the Matter of Eric C. Wehr et al., Doing Business as Micro Instrument & Tool Co., Appellants, v. Harry B. Crowley et al., as Members of The Board of Zoning Appeals of the City of Rochester, Respondents, and Flower City Builders Supply Corp. et al., Intervenors-Respondents

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

July 10, 1958.

Attorney(s) appearing for the Case

J. Frederick Colson for appellants.

Honora A. Miller, Corporation Counsel (James H. Boomer of counsel), for respondents.

Albert E. Goldman for Flower City Builders Supply Corp., intervenor-respondent.

Stewart D. Moot for Lois M. Dunn, intervenor-respondent.

Present — McCURN, P. J., KIMBALL, WILLIAMS, GOLDMAN and HALPERN, JJ.

HALPERN, J.

This is an appeal from an order of the Special Term dismissing a proceeding brought under article 78 of the Civil Practice Act to review a determination by the Board of Zoning Appeals of the City of Rochester.

The facts as developed in the record are as follows:

The Flower City Builders Supply Corp. (one of the intervenors-respondents) applied on June 14, 1957, to the superintendent...

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