MTR. OF BURKE v. O'CONNOR


53 Misc.2d 669 (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.

May 11, 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.

This article 78 proceeding is brought (1) to compel the issuance of a building permit to operate a restaurant; (2) to review the determination of the East Aurora Zoning Board of Appeals in affirming the denial of a building permit by the Building Inspector of said village; and (3) in the alternative, to review the determination of the aforesaid board in refusing to grant a variance to the petitioner.

The facts upon which this...

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