MATTER OF KEMP v. FOSSELLA


80 A.D.2d 897 (1981)

In the Matter of Dwojra Kemp, Petitioner, v. Vito J. Fossella et al., Constituting The Board of Standards and Appeals of the City of New York, Respondents

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

March 23, 1981


Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, and the matter is remitted to the board of standards and appeals with a direction that it grant the petitioner a use variance and for further proceedings in accordance herewith.

This matter should have been disposed of at Special Term in the first instance. However, this court has the power to consider it on the merits, and under the facts herein, we will...

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