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GARDNER v. PHILLIPS

59 Misc.2d 934 (1969)

Harry Gardner, Petitioner, v. Raymond C. Phillips, Jr., et al., Constituting the Board of Zoning Appeals of the Town of Farmington, Respondents.

Supreme Court, Ontario County.

May 28, 1969

Attorney(s) appearing for the Case

Croucher & Gifford (Wesley A. Gifford of counsel), for petitioner. L. Edward Monaghan for respondents.

EMMETT J. SCHNEPP, J.

In this proceeding brought pursuant to article 78 of the CPLR, petitioner seeks to annul and strike out a part of the determination of the Board of Appeals of the Town of Farmington, granting in part petitioner's application for a variance under the town zoning ordinance. By order of November 20, 1968, petitioner was permitted to continue a nonconforming use of his premises in a different...

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