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GURELL v. GIOIA

21 A.D.2d 844 (1964)

Joseph Gurell et al., Appellants, v. Horace Gioia et al., Constituting The Zoning Board of Appeals of the City of Rochester, Respondents, and James R. Hall et al., Intervenors-Respondents

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

June 11, 1964

Order unanimously reversed and determination of Zoning Board of Appeals annulled, with costs, without prejudice to a reapplication.

Memorandum:

The evidence presented was insufficient to empower the board to grant a variance. (Matter of Otto v. Steinhilber, 282 N.Y. 71; Matter of Crossroads Recreation v. Broz, 4 N.Y.2d 39; Matter of Gerling v. Board of Zoning Appeals, 6 A.D.2d 247

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