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MATTER OF ASMA v. CURCIONE

31 A.D.2d 883 (1969)

In the Matter of Elizabeth Asma et al., Respondents, v. Arthur Curcione et al., Constituting The Board of Appeals of the City of Niagara Falls, et al., Appellants

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

February 20, 1969

Judgment unanimously reversed, without costs, and matter remitted to Zoning Board of Appeals for further proceedings in accordance with the following Memorandum: The Zoning Ordinance of the City of Niagara Falls authorizes the Board of Appeals to issue a special permit subject to the condition that such application must be referred to the Planning Board. If the latter board recommends denial (or issuance subject to stated conditions) the permit may only be issued upon unanimous...

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