MTR. OF WILCOX v. ZONING BD. OF APPEALS


17 N.Y.2d 249 (1966)

In the Matter of Elizabeth K. Wilcox et al., Respondents, v. Zoning Board of Appeals of the City of Yonkers, Respondent, and Westview Towers Corp., Intervenor-Appellant. In the Matter of James J. O'Donnell, Respondent, v. Zoning Board of Appeals of the City of Yonkers, Respondent, and Westview Towers Corp., Intervenor-Appellant. In the Matter of John E. Flynn et al., Constituting the Common Council of the City of Yonkers, Respondents, v. Ralph B. Feriola et al., Constituting the Zoning Board of Appeals of the City of Yonkers, Respondents, and Westview Towers Corp., Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided April 28, 1966.


Attorney(s) appearing for the Case

Arthur S. Friedman and Arthur J. Doran for intervenor-appellant.

Francis B. Cline, Corporation Counsel (Morton N. Wekstein and Richard W. Fulfree of counsel), for respondents.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, BERGAN and KEATING concur.


SCILEPPI, J.

These three proceedings have been instituted to review the determination of the Zoning Board of Appeals of the City of Yonkers which granted a variance to Westview Towers Corp. permitting the construction of a 156-family apartment building. The parcel involved is roughly rectangular with a 250-foot frontage on North Broadway and a depth of about 500 feet. It contains an area of 123,250 square feet...

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