Order reversed on the law, without costs, and proceeding remitted to the Special Term for a determination on the merits.
The applicable statute (General City Law, § 82, subd. 1) provides, in pertinent part, that: "Any person * * * aggrieved by any decision of the board of appeals [of a City]" may apply for relief therefrom by an article 78 proceeding. We hold that, within the meaning of the statute, the petitioner city may be such an aggrieved person; that, as...
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