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MATTER OF GENCARELLI v. BALINT

11 Misc.2d 707 (1958)

In the Matter of Mario Gencarelli et al., Petitioners, v. John J. Balint, as Superintendent of Buildings of the City of Yonkers, et al., Respondents.

Supreme Court, Special Term, Westchester County.

February 6, 1958.

Attorney(s) appearing for the Case

David Friedman for petitioners.

J. Raymond Hannon, Corporation Counsel, for respondents.

JAMES W. BAILEY, J.

Petitioners make application to compel the respondents to issue a permit for a gasoline service station.

The property is located in an industrial zone wherein a gasoline service station is a permitted use but section 56 of General Ordinance No. 6-1921 provides that no permit shall be issued for the storage of petroleum or shale oil or any liquid product thereof on any premises within 100 feet of any building occupied

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