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MATTER OF POST BAYSIDE NO. 1 CORP. v. FOLEY

31 Misc.2d 906 (1961)

In the Matter of Post Bayside No. 1 Corporation, Petitioner, v. Max H. Foley Et Al., Constituting the Board of Standards and Appeals of the City of New York, et al., Respondents.

Supreme Court, Special Term, Queens County.

October 26, 1961

Attorney(s) appearing for the Case

Benjamin M. Gottesfeld for petitioner. Hoffberg & Stecher for intervenors. Leo A. Larkin, Corporation Counsel (Rose Schneph and Gene Ann Condon of counsel), for Board of Standards and Appeals, respondent.

ANTHONY M. LIVOTI, J.

In this article 78 proceeding to review and annul the determination of respondent, the Board of Standards and Appeals of the City of New York, denying a use and area variance to petitioner, said respondent moves to vacate the order of certiorari, dismiss the petition and confirm its determination.

The variance sought pursuant to subdivision (e) of section 7, and section 21 of the Zoning Resolution would permit erection of...

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