JAMES v. TN. OF NEW HARTFORD


49 A.D.2d 247 (1975)

In the Matter of Douglas O. James et al., Appellants, v. Town of New Hartford et al., Respondents

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

October 31, 1975


Attorney(s) appearing for the Case

Wolfe, Kalil & Levitt (John Kalil of counsel), for appellants.

Davies Johnson (Earle C. Bastow of counsel), for respondents.

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


DEL VECCHIO, J.

Petitioners appeal from a judgment dismissing the petition in this proceeding instituted under CPLR article 78 to compel the Town Board of the Town of New Hartford to rezone a parcel of land on which petitioners operate a restaurant from Residential to Commercial B-1. We believe the disposition by Special Term was correct and accordingly affirm the judgment.

A restaurant had been operated...

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