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MATTER OF ROCHESTER HISTORICAL SOC'Y, INC. v. CROWLEY

14 A.D.2d 490 (1961)

In the Matter of Rochester Historical Society, Inc., et al., Appellants, et al., Petitioners, v. Harry B. Crowley et al., Constituting The Zoning Board of Appeals of the City of Rochester, et al., Respondents, and Alex-Park, Inc., Intervenor-Respondent-Appellant

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

June 28, 1961

Order unanimously modified in accordance with the memorandum and as so modified affirmed, without costs of this appeal to any party.

Memorandum:

Our modification applies only to the second ordering paragraph of the order appealed from. That paragraph dismissed, on the merits, the application of the petitioners to annul and set aside the determination of the Zoning Board of Appeals and confirms such determination. Our only disagreement with the board's determination...

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