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MATTER OF BAILEY v. CITY PLANNING COMM'N OF THE CITY OF ROCHESTER

184 A.D.2d 1081 (1992)

In the Matter of Joann M. Bailey, Individually and as President of The Atlantic/University Neighborhood Association, Respondent, v. City Planning Commission of the City of Rochester, Respondent, and Barrel of Doll Saloon, Inc., Intervenor-Appellant

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

June 25, 1992

Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in annulling the determination of the City Planning Commission of the City of Rochester (Planning Commission). The Planning Commission granted intervenor-respondent, the operator of a restaurant-tavern business, a special use permit to validate an expansion of the premises that had occurred some 13 years...

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