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MTR. OF DIOCESE OF CENT. N. Y. v. SCHWARZER

23 Misc.2d 515 (1960)

In the Matter of Diocese of Central New York, Petitioner, v. Joseph K. Schwarzer et al., Constituting the Board of Appeals of the Town of Cazenovia, Respondents, and Byrne Realty Corporation, Intervenor-Respondent.

Supreme Court, Special Term, Madison County.

February 23, 1960.

Attorney(s) appearing for the Case

Bond, Schoeneck & King (N. Earle Evans of counsel), for petitioner.

Smith & Sovik (Franklin J. Schwarzer of counsel), for respondents.

Langan, Kinney & Langan (George A. Langan of counsel), for intervenor-respondent.

HOWARD A. ZELLER, J.

In this proceeding, brought pursuant to article 78 of the Civil Practice Act, the Diocese of Central New York of the Protestant Episcopal Church has petitioned this court for an order directing the issuance to it of a certificate of occupancy in accordance with an application made July 6, 1959 to the Zoning Ordinance Enforcement Officer of the Town of Cazenovia, New York. The respondents...

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