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MATTER OF LEMME v. DOLAN

163 A.D.2d 717 (1990)

In the Matter of Thomas Lemme, Respondent, v. Joseph J. Dolan, as Chairman of The Board of Zoning Appeals of the City of Albany, et al., Appellants

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

July 12, 1990

Levine, J.

This proceeding involves a challenge to the construction and enforcement by the City of Albany's Historic Resources Commission (hereinafter the Commission) of section 1-135 (b) (2) of the city's Historic Resources Commission Ordinance (hereinafter the ordinance) (Code of City of Albany §§ 1-126 — 1-136). Under that section, one seeking a permit to demolish a structure in a protected district must first submit and obtain approval...

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