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MTR. OF MARSHALL v. QUINONES

43 A.D.2d 436 (1974)

In the Matter of George W. Marshall, Respondent, v. Oscar T. Quinones et al., Constituting The Zoning Board of Appeals for the City of Lockport, New York, Appellants. Nicholas Revelas et al., Respondents

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

February 22, 1974.

Attorney(s) appearing for the Case

Fogle, Andrews, Pusateri, Brandt, Shoemaker & Higgins (Anthony L. Pusateri of counsel), for appellants.

John Gannon for Nicholas Revelas and another, respondents.

Peter P. Corrallo, Corporation Counsel, for George W. Marshall, respondent.

MOULE, J. P., CARDAMONE, SIMONS and MAHONEY, JJ., concur

DEL VECCHIO, J.

This is an article 78 proceeding to review a decision of the City of Lockport Zoning Board of Appeals which granted a variance permitting an insurance office on the first floor of an apartment building. Before service of an answer appellants moved to dismiss the petition on three grounds: (1) the petition fails to show facts sufficient to establish petitioner's standing to maintain the proceeding...

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