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MAZZARA v. TOWN OF PITTSFORD

34 A.D.2d 90 (1970)

Peter Mazzara, Appellant, v. Town of Pittsford et al., Respondents, et al., Defendants Peter Mazzara, Appellant-Respondent, v. Town of Pittsford et al., Defendants, and Young Men's Christian Association of Rochester and Monroe County, Respondent-Appellant

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

April 9, 1970.

Attorney(s) appearing for the Case

Donald Spadone for Peter Mazzara.

Harris, Beach & Wilcox (Robert C. Gebhardt of counsel), for YMCA.

Lines, McLouth, Wilkens & Osborn (Steven V. Lines of counsel), for Town of Pittsford.

DEL VECCHIO, J. P., MARSH, GABRIELLI and HENRY, JJ., concur.

BASTOW, J.

The primary issue presented on these appeals is the legality of an ordinance adopted by the defendant, Town Board, on July 13, 1965 which rezoned from "A" Residential to "B" Residential some six acres of land known as the Smith Farm which three weeks thereafter were purchased by defendant, Young Men's Christian Association of Rochester and Monroe County (YMCA) as the site for the erection of a building...

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