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MATTER OF AIELLO v. SALADINO

132 A.D.2d 1002 (1987)

In the Matter of Joseph S. Aiello, Petitioner, v. Thomas Saladino et al., Constituting The Board of Zoning Appeals of the City of Utica, et al., Respondents

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

July 10, 1987

Determination unanimously confirmed and petition dismissed without costs.

Memorandum:

This CPLR article 78 proceeding to review the determination of the Zoning Board of Appeals denying an application for a use variance should have been disposed of at Special Term. Nevertheless, we need not remit the matter but may determine it on the merits (see, General City Law § 82; Matter of Willow Garden Apts. v Riker, 36 A.D.2d 892...

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