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MTR. OF MUELLER v. ANDERSON

60 Misc.2d 568 (1969)

In the Matter of Glorya Mueller et al., Individually and as Officers and Members of the Executive Committee of the Park-Oxford Neighborhood Association, et al., Petitioners, v. Lenmarth C. Anderson et al., Constituting the Zoning Board of Appeals of the City of Rochester, et al., Respondents.

Supreme Court, Special Term, Monroe County.

June 24, 1969

Attorney(s) appearing for the Case

Nusbaum, Tarricone, Bilgore, Weltman & Silver (Kenneth I. Albert of counsel), for George Butler and others, respondents. Robert A. Feldman, Corporation Counsel (Joel N. Krane of counsel), for Zoning Board of Appeals of the City of Rochester, respondent. William J. Maloy, Jr., for petitioners.

CARROLLTON A. ROBERTS, J.

This is a motion to dismiss an article 78 petition pursuant to CPLR 7804, (subd. [f]), for alleged legal insufficiency, and further by reason of the alleged fact that petitioners are not aggrieved parties within the meaning of the applicable statute (General City Law, § 82, subd. [1]).

Neither the petition nor the answering affidavit alleges that the petitioner Park-Oxford...

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