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MATTER OF BRODSKY v. LEVY

58 Misc.2d 247 (1968)

In the Matter of Morton Brodsky et al., Petitioners, v. Barnet Levy et al., Constituting the Planning Board and Board of Appeals of the Town of Brighton, Respondents.

Supreme Court, Monroe County.

August 15, 1968

Attorney(s) appearing for the Case

Levy & Levy (David M. Levy of counsel), for petitioners. E. James Springer and Culley, Marks, Corbett, Jordan, Tanenbaum & Reifsteck for respondents.

JACOB ARK, J.

This is an article 78 proceeding to annul and set aside a variance granted by the respondents, constituting the Board of Appeals of the Town of Brighton, New York, to the applicants, Janis B. Maxion and William J. Maxion, to erect a barn on their property at 1463 Elmwood Avenue in the Town of Brighton.

Admittedly, the applicants raise and sell racing horses as a commercial venture on a...

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