MATTER OF MILLER v. WARD


51 N.Y.2d 887 (1980)

In the Matter of Charles Miller et al., Appellants, v. Frank Ward et al., Constituting the Zoning Board of Appeals of the Town of East Fishkill, Respondents.

Court of Appeals of the State of New York.

Decided November 11, 1980.


Attorney(s) appearing for the Case

Arden H. Rathkopf and Daren A. Rathkopf for appellants.

Ian G. MacDonald for respondents.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum opinion of that court.

We find no merit to the contention that in denying appellants' application for a special permit to conduct soil mining the zoning board of appeals was precluded from considering evidence of the prospective inability of the applicant to comply with the operating standards prescribed...

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