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MATTER OF PECORA v. GOSSIN

49 A.D.2d 668 (1975)

In the Matter of Feno Pecora, Appellant, v. Irene Gossin et al., Constituting The Town Board of the Town of Penfield, Respondents

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

July 10, 1975

Judgment unanimously affirmed, with costs.

Memorandum:

The evidence before respondent board, supported by extensive studies, presented substantial questions of fact which lay within the jurisdiction of the board to resolve; and in these circumstances a court may not substitute its judgment for the board's determination (Matter of Lemir Realty Corp. v Larkin, 11 N.Y.2d 20). The action of the town in forbidding excavation...

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