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MTR NAT'L MERRITT v. WEIST

41 N.Y.2d 438 (1977)

In the Matter of National Merritt, Inc., Appellant, v. Robert Weist et al., Constituting the Zoning Board of Appeals of the Village of Briarcliff Manor, Respondents.

Court of Appeals of the State of New York.

Decided February 22, 1977.

Attorney(s) appearing for the Case

Donald S. Snider and Gerald M. Levine, New York City, for appellant.

Gordon R. Brown, Village Attorney (Arthur J. Selkin of counsel), Pleasantville, for respondents.

Laurance Rockefeller and Nicholas A. Robinson, New York City, for Federated Conservationists of Westchester County, Inc., amicus curiae.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.

GABRIELLI, J.

On this appeal, petitioner challenges respondent's denial of its request for an area variance with respect to approximately 19¾ acres of land in the Village of Briarcliff Manor which petitioner desires to develop as a large shopping center. In the alternative, petitioner argues that the floor area and building length restrictions of the zoning ordinance...

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