GENESIS v. ZONING BD.


152 Misc.2d 997 (1991)

In the Matter of Genesis of Mount Vernon, N.Y., Inc., Petitioner, v. Zoning Board of Appeals of City of Mount Vernon et al., Respondents.

Supreme Court, Westchester County.

June 28, 1991


Attorney(s) appearing for the Case

Joel M. Mitnick for petitioner. Robinson, Brog, Leinwand, Reich, Genovese & Gluck, P. C., for respondents.


NICHOLAS COLABELLA, J.

In a hybrid proceeding pursuant to CPLR article 78 and action for declaratory judgment, petitioner seeks (1) to annul a determination by respondent Zoning Board of Appeals denying use and area variances, (2) to have declared unconstitutional certain provisions of section 267-2 of the City of Mt. Vernon Zoning Ordinance, and (3) to be awarded damages and counsel fees pursuant to 42 USC...

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