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MATTER OF RUSSO v. STEVENS

7 A.D.2d 575 (1959)

In the Matter of C. Paul Russo, as Member of The Lay Committee of the Immaculate Conception Church, et al., Respondents, v. William T. Stevens et al., Constituting The Board of Zoning Appeals of the City of Ithaca, et al., Appellants

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

April 23, 1959.

Attorney(s) appearing for the Case

Cobb, Cobb & Simpson (Harold E. Simpson of counsel), for Tidewater Oil Company Inc., appellant.

Thaler & Thaler (Manley H. Thaler of counsel), for Leonard J. Van Lent, appellant.

James J. Clynes, Jr., for City of Ithaca, appellant.

John Lo Pinto for respondents.

COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

FOSTER, P. J.

These are appeals by the Tidewater Oil Company and one Van Lent from an order of the Supreme Court, Special Term in Chemung County, in a proceeding under article 78 of the Civil Practice Act and section 82 of the General City Law. The order appealed from annulled a determination of the Board of Zoning Appeals of the City of Ithaca and remitted the matter to the board for further proceedings not inconsistent...

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