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MATTER OF NASH v. DENISON

175 A.D.2d 436 (1991)

In the Matter of Jacquelyn V. Nash et al., Respondents, v. Julie Denison, as Chairperson 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 18, 1991

Mikoll, J. P.

The issue posed on this appeal is whether Supreme Court properly annulled the determination of respondent Board of Zoning Appeals of the City of Albany (hereinafter the Board) denying petitioner TNT Construction's application for an area variance on the ground that it was arbitrary and capricious. In our view Supreme Court erred in annulling the determination and, therefore, its judgment should be reversed and the petition dismissed.

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