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MATTER OF ORCHARD MICHAEL, INC. v. FALCON

110 A.D.2d 1048 (1985)

In the Matter of Orchard Michael, Inc., Respondent, v. Eileen Falcon et al., Constituting The Zoning Board of Appeals of the Town of Orchard Park, Appellants, and C & P Property, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 5, 1985

Judgment unanimously reversed, on the law, with costs, and petition dismissed.

Memorandum:

Respondents, members of the Zoning Board of Appeals of the Town of Orchard Park, appeal from a judgment in a CPLR article 78 proceeding annulling their determination denying petitioner's application for an area variance and directing that the variance be granted. We reverse.

Petitioner owns a Tops Supermarket in Orchard Park. When the property was acquired and...

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