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MATTER OF ZAMIARA v. CUTRI

132 A.D.2d 993 (1987)

In the Matter of Frank Zamiara, Respondent, v. Frank Cutri, as Chairman of The Zoning Board of Appeals of the City of Canandaigua, et al., Respondents, and Jeffery Fuels, Inc., Appellant

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

July 10, 1987

Judgment reversed on the law without costs and petition dismissed.

Memorandum:

Respondent contends that Special Term erred in annulling and reversing the determination of the City of Canandaigua Board of Zoning Appeals granting it a use variance. We agree.

Respondent on May 9, 1985 purchased a parcel of land straddling the border of the Town and City of Canandaigua. The major portion of the parcel is located in the town and is zoned for gas station...

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