MATTER OF PANELLA v. BUDNEY


59 Misc.2d 542 (1969)

In the Matter of Emilio Panella et al., Petitioners, v. Louise Budney et al., Constituting the Zoning Board of Appeals of the Town of New Windsor, Respondents.

Supreme Court, Orange County.

April 24, 1969


Attorney(s) appearing for the Case

Alfred F. Cavalari for petitioners. Bernard J. Sommers for respondents.


JOHN W. SWEENY, J.

This is an article 78 proceeding to annul a determination of the respondent Zoning Board that vacated an earlier grant of a use variance, after a rehearing, and denied the variance. In their initial presentation to the board, petitioners represented that they were owners of the property in question before the zoning ordinance was adopted that classified their land as a part of a general industrial zone. After a hearing the board granted...

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