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MATTER OF GURNEY v. ZONING BD. OF APPEALS OF THE CITY OF BUFFALO

32 A.D.2d 738 (1969)

In the Matter of Charles L. Gurney, II, et al., Appellants, v. Zoning Board of Appeals of the City of Buffalo, Respondent, and Children's Hospital of Buffalo, Intervenor-Respondent. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 15, 1969

Judgment insofar as appealed from unanimously affirmed, without costs.

Memorandum:

In affirming we recognize as does the hospital that further action by the Common Council is required to remove the restrictions on some of the areas which the hospital plans to use for parking purposes and that such action must be completed before construction begins. This does not invalidate the variance properly granted by the Zoning Board of Appeals for a 10-story hospital...

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