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MTR SHEPARD v. BD OF APPEALS

113 Misc.2d 413 (1982)

In the Matter of Robert C. Shepard, Petitioner, v. Zoning Board of Appeals of the City of Johnstown, Respondent.

Supreme Court, Special Term, Schenectady County.

March 28, 1982

Attorney(s) appearing for the Case

Russo, Walsh & Walsh (Terrence M. Walsh of counsel), for petitioner. Mario Costa, City Attorney (George E. Langr of counsel), for respondent.

WILLIAM L. FORD, J.

This a proceeding pursuant to CPLR article 78 brought to review and annul a determination of the respondent rendered on or about December 30, 1981 which denied the application of petitioner for the issuance of a special permit to erect garden type apartment residences.

The premises for which the special permit is sought are located in a "B" residence zone in the City of Johnstown. The City of Johnstown Planning Board recommended...

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