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MATTER OF FORNABY v. FERIOLA

18 A.D.2d 215 (1963)

In the Matter of Peter Fornaby et al., Appellants, v. Ralph Feriola et al., Constituting The Board of Appeals of the City of Yonkers, et al., Respondents, and Helen Cook, Intervenor-Respondent

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

March 25, 1963.

Attorney(s) appearing for the Case

Lester J. Tanner for appellants.

John F. Trainor, Corporation Counsel, for respondents.

Samuel S. Weiner for intervenor-respondent.

UGHETTA, Acting P. J., KLEINFELD, CHRIST and HOPKINS, JJ., concur.

BRENNAN, J.

Helen Cook, the intervenor herein, is the owner of property in a "B District" (neighborhood business, and apartment houses, medium density) in the City of Yonkers. Under the city's Building Zone Ordinance (§ 6-H-70.2), in such a district a motor fuel filling station is permitted as a special exception use only. Section 10-C-10 et seq. of the Zoning Ordinance confer upon the Zoning Board...

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