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MATTER OF BARTHOLOMAY v. ZONING BD. OF APPEALS OF THE CITY OF ROCHESTER

70 A.D.2d 784 (1979)

In the Matter of Michael Bartholomay et al., Respondents, v. Zoning Board of Appeals of the City of Rochester et al., Appellants

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

May 22, 1979

Judgment unanimously reversed, without costs, and matter remitted to zoning board of appeals for further proceedings.

Memorandum:

Respondents, officials of the City of Rochester, and the property owner, appeal from a judgment of Special Term which annulled two variances relating to property owned by respondent Carter. Special Term did not reach the merits but determined that the zoning board lacked subject matter jurisdiction because the board had not notified...

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