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MTR. OF SIERRA CONSTR. CO. v. BD. OF APPEALS

12 N.Y.2d 79 (1962)

In the Matter of Sierra Construction Co., Inc., Appellant, v. Board of Appeals of the Town of Greece et al., Respondents.

Court of Appeals of the State of New York.

Decided December 6, 1962.

Attorney(s) appearing for the Case

Percival D. Oviatt, Jr., for appellant.

Leo T. Sawyko for respondents.

Judges DYE and BURKE concur with Chief Judge DESMOND; Judge FULD concurs in result; Judge VAN VOORHIS dissents in an opinion in which Judges FROESSEL and FOSTER concur.

Chief Judge DESMOND.

On alleged constitutional grounds (Civ. Prac. Act, § 588, subd. 1, par. [a]) petitioner appeals from a unanimous affirmance by Appellate Division, Fourth Department, of a Special Term order confirming a determination of the Zoning Board of Appeals of the Town of Greece, Monroe County. The town board had upheld a denial by the town's Building Inspector of petitioner's application for a...

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