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MATTER OF SMITH v. HOVEY

72 Misc.2d 48 (1972)

In the Matter of Andrew J. Smith et al., Petitioners, v. Harry H. Hovey, Jr., et al., Constituting the Zoning Board of Appeals of the Town of North Greenbush, Respondents.

Supreme Court, Special Term, Rensselaer County.

November 29, 1972

Attorney(s) appearing for the Case

Wager, Taylor, Howd & Brearton for petitioners. R. Frederick Chase, Town Attorney, for respondents.

A. FRANKLIN MAHONEY, J.

Petitioners, by article 78 review, seek an order annulling the determination of the Zoning Board of Appeals of the Town of North Greenbush, Rensselaer County, New York, which determination (1) denied petitioners' application for a variance and (2) refused to interpret section 7.12 of the town's Zoning Ordinance in a manner that would permit a nonconforming use without the need of a variance...

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