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  5. 179 A.D.2d 1023 (1992)
 

SEBASTIAN'S REST. OF WESTERN NEW YORK, INC. v. CITY OF BUFFALO

179 A.D.2d 1023 (1992)

Sebastian's Restaurant of Western New York, Inc., Petitioner, v. City of Buffalo et al., Respondents

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

January 31, 1992

Determinations unanimously confirmed without costs and petition dismissed.

Memorandum:

Petitioner operates a tavern and outdoor cafe and was granted a restricted use permit by the City of Buffalo Common Council to build a wood patio deck and volleyball court at the rear of the premises. The permit contained three conditions — no volleyball after 9:00 P.M.; no use of the patio after 10:00 P.M.; and compliance...

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