Order reversed, with costs, and application granted.
Plaintiff's zoning ordinance prohibits the keeping of pigeons in residential districts. Prior to 1981, defendant applied for a variance to keep homing or racing pigeons on her property. The denial of her application was subsequently upheld in a CPLR article 78 proceeding. In 1983, defendant's father-in-law fell gravely ill and his homing pigeons were brought to defendant's residence. Defendant was prosecuted for...
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