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MTR. OF FOLAND v. ZON. BD. OF APPEALS

26 Misc.2d 1093 (1960)

In the Matter of Robert E. Foland et al., Petitioners, v. Zoning Board of Appeals of the Town of Bethlehem et al., Respondents.

Supreme Court, Special Term, Albany County.

August 27, 1960

Attorney(s) appearing for the Case

Peter L. Fulvio for petitioners. Sidney G. Gordon for respondents.

HERBERT D. HAMM, J.

This is a proceeding to review the determination of the Zoning Board of Appeals granting a special exception as to the use of premises.

There was no adequate proof before the Zoning Board of Appeals to warrant a variance under the rules laid down in Matter of Otto v. Steinhilber (282 N.Y. 71), as reiterated in Matter of Crossroads Recreation v. Broz (4 N.Y.2d 39), and there...

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