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DIOCESE v. BUCZKOWSKI

112 Misc.2d 336 (1982)

Diocese of Buffalo, Petitioner, and New York State Office of Mental Retardation and Developmental Disabilities, Intervening Petitioner, v. Helen A. Buczkowski et al., Respondents, and Eileen De Paolo, Intervening Respondent.

Supreme Court, Erie County.

January 29, 1982

Attorney(s) appearing for the Case

Kennedy & Stoeckl (Kevin Kennedy of counsel), for petitioner. Robert Abrams, Attorney-General (James L. Kennedy of counsel), for intervening petitioner. Joseph P. McNamara, Corporation Counsel (John J. Naples of counsel), for City of Buffalo, respondent. Albrecht, Maguire, Heffern & Gregg, P. C. (Bruce Zeftel of counsel), for intervening respondent.

JOSEPH D. MINTZ, J.

Petitioner seeks an order pursuant to CPLR article 78 overturning respondents' denial of a use permit as applied for. Petitioner seeks to change the program of its building at 4 Vermont Street from one used as a residential care institution for predelinquent and delinquent young men age 16 to 21 (Buffalo Boys Town) to an intermediate care facility for the developmentally handicapped.

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