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MATTER OF MITCHELL v. ZONING BD. OF APPEALS OF THE CITY OF YONKERS

80 A.D.2d 641 (1981)

In the Matter of Palma Mitchell et al., Appellants, v. Zoning Board of Appeals of the City of Yonkers et al., Respondents, and Christian Burckel, Intervenor-Respondent. (And a Similar Proceeding.)

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

February 23, 1981

Judgments affirmed, without costs or disbursements.

No opinion.

Lazer, J. P., dissents and votes to reverse the judgments and remand the matter to the zoning board of appeals for a new hearing, with the following memorandum, in which Cohalan, J., concurs.

The primary issue in these article 78 proceedings brought by neighboring property owners is the right of the intervenor-respondent Christian Burckel to an area variance which would permit...

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