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MATTER OF HOKE v. CHASE

20 A.D.2d 679 (1964)

In the Matter of Gerald R. Hoke et al., Appellants, v. Frank Chase et al., Constituting The Zoning Board of Appeals of the Town of Henrietta, Respondents

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

January 9, 1964

Order unanimously affirmed, without costs of this appeal to any party.

Memorandum:

The respondent board on January 26, 1962 granted a special permit subject to certain specified conditions. This was implemented in the formal decision of February 28, 1962. Upon this appeal the attorney for the board concedes that the latter exceeded its statutory authority and jurisdiction in laying down conditions numbered two, three and six. In view of this concession these...

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