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MATTER OF K OF C v. WEAVER

121 Misc.2d 914 (1983)

In the Matter of the Knights of Columbus, Council No. 277 et al., Petitioners, v. Charles Weaver et al., Individually and Constituting the Board of Zoning Appeals of the City of Ithaca, et al., Respondents.

Supreme Court, Special Term, Tompkins County.

December 6, 1983

Attorney(s) appearing for the Case

William P. Sullivan, Jr., for petitioners. Wiggins, Holmberg, Galbraith & Holmberg (Dirk A. Galbraith of counsel), for Planned Parenthood of Tompkins County, Inc., respondent. Paul N. Tavelli for Board of Zoning Appeals of the City of Ithaca, respondent.

D. BRUCE CREW, III, J.

Petitioner has commenced a CPLR article 78 proceeding pursuant to section 30.58 (C) (9) of the Ithaca Municipal Code and section 82 of the General City Law for judicial review of a decision of the board of zoning appeals dated September 6, 1983. The board of zoning appeals moved to dismiss the petition and the petitioner cross-moved to amend the petition. At the time of argument of the motions the board of zoning appeals stated...

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