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MATTER OF BURKE v. O'CONNOR

53 Misc.2d 159 (1967)

In the Matter of Lester J. Burke, Petitioner, v. James R. O'Connor, as Village Engineer and Building Inspector of the Village of East Aurora, et al., Respondents.

Supreme Court, Special Term, Erie County.

February 28, 1967

Attorney(s) appearing for the Case

Moot, Sprague, Marcy, Landy & Fernbach (Norman E. Joslin of counsel), for petitioner. George Blair for respondents.

MATTHEW J. JASEN, J.

In this article 78 proceeding, petitioner seeks to review and annul a determination of the Zoning Board of Appeals in affirming the denial of a building permit.

The respondents appeared herein specially for the purpose of challenging the jurisdiction of this court, contending that the petitioner failed to comply with the provisions of CPLR 312 as to the service required on a board...

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