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  5. 63 N.Y.2d 853 (1984)
 

MATTER OF EMMI v. ZONING BD. OF APPEALS OF THE TOWN OF SALINA

63 N.Y.2d 853 (1984)

In the Matter of Antonio Emmi et al., Appellants, v. Zoning Board of Appeals of the Town of Salina et al., Respondents.

Court of Appeals of the State of New York.

Decided October 11, 1984.

Attorney(s) appearing for the Case

Mario D'Arrigo for appellants.

Matthew M. Grobosky and Henry C. Fadden for Zoning Board of Appeals of the Town of Salina, respondent.

S. Paul Battaglia and Dominic Urciuoli for Mobil Oil Corporation, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the courts below that the Zoning Board of Appeals did not act arbitrarily and capriciously in entertaining the application of the tenant, Mobil Oil. Although the appellants, the owners of the property, urge that the Board should not consider an application for variances made by a tenant unless the fee owner consents, or permits...

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