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


54 N.Y.2d 727 (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.)

Court of Appeals of the State of New York.

Decided July 7, 1981.


Attorney(s) appearing for the Case

John A. Mitchell and Thomas V. Incantalupo for appellants.

Arthur J. Doran, Jr., Corporation Counsel (Robert W. Villani of counsel), for respondents.

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


On summary consideration, order affirmed, with costs. We cannot say as a matter of law that the determination of the board of appeals to grant an area variance was either arbitrary, capricious or without a rational...

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