MATTER OF REEDER v. SZMIGEL


109 A.D.2d 1078 (1985)

In the Matter of Richard Reeder et al., Individually and as Officers of The Brookview Area Neighborhood Association, Appellants, v. Lubomir Szmigel et al., Constituting The Zoning Board of Appeals of the Town of Irondequoit, Respondents. Pinecrest Associates, Intervenor-Respondent

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

March 1, 1985


Judgment unanimously reversed, on the law, with costs, petition granted and determination annulled.

Memorandum:

Petitioners seek annulment of a use variance granted to intervenor Pinecrest Associates by respondent Zoning Board of Appeals of the Town of Irondequoit. Special Term dismissed the petition. The variance permits construction of a branch bank upon a lot situate partly in an R-6 zone and partly in an R-5 zone.

It is first argued that petitioners...

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