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MATTER OF MANDIS v. GORSKI

24 A.D.2d 181 (1965)

In the Matter of George P. Mandis, as Treasurer of The Greater Buffalo Hotel Association, et al., Respondents, v. Chester C. Gorski et al., Constituting The Common Council of the City of Buffalo, Appellants, and Benderson Development Company, Inc., Intervenor

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

December 9, 1965.

Attorney(s) appearing for the Case

Robert E. Casey, Jr., Corporation Counsel (Joseph A. Nicosia of counsel), for appellants.

Thomas E. O'Brien for respondents.

Hellerer, Cuomo & Vaccaro (Robert J. Hellerer of counsel), for intervenor.

WILLIAMS, P. J., BASTOW, GOLDMAN and HENRY, JJ., concur.

DEL VECCHIO, J.

Respondent, Buffalo Common Council, pursuant to leave granted by Special Term, appeals from an order denying a motion to dismiss the petition in an article 78 proceeding brought to review its action in granting the intervenor permission to erect a motel or hotel in excess of three stories or 40 feet in height in a C2 District. Permission was granted...

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