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MATTER OF LO GUIDICE v. WALLACE

118 A.D.2d 913 (1986)

In the Matter of Fiorello Lo Guidice, Respondent, v. Donald Wallace, as Chairman of The City of Albany Zoning Board of Appeals, et al., Appellants

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

March 6, 1986

Mahoney, P. J.

Petitioner commenced this CPLR article 78 proceeding to review a determination by respondent Zoning Board of Appeals of the City of Albany (the Board) which denied a use variance for the establishment of an Italian restaurant at 1148 Western Avenue in the City of Albany. The property is situated in a residential zone (R-2, two-family residential) but has the benefit of a vested nonconforming use...

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