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MATTER OF CANNER v. DELAMETER

56 N.Y.2d 724 (1982)

In the Matter of Raymond Canner, Appellant, v. Carlton Delameter et al., Constituting the Zoning Board of Appeals of the Town of Oneonta, Respondents.

Court of Appeals of the State of New York.

Decided May 11, 1982.

Attorney(s) appearing for the Case

Joseph F. Kehoe for appellant.

William H. Schebaum for respondents.

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

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. If the Town of Oneonta did not have jurisdiction over Lot 59, it could not grant a variance. If, on the other hand, the town did have jurisdiction, it cannot be said, as a matter of law, that respondents' determination was arbitrary and...

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