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  5. 81 N.Y.2d 741 (1992)
 

MATTER OF GENESIS OF MOUNT VERNON, N. Y., INC. v. ZONING BD. OF APPEALS OF THE CITY OF MOUNT VERNON

81 N.Y.2d 741 (1992)

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

Court of Appeals of the State of New York.

Decided December 17, 1992.

Attorney(s) appearing for the Case

Worby, P. C., White Plains (David E. Worby, Mark P. Weingarten and William E. Dumke of counsel), for appellants.

Angela G. Garcia, New York City, for respondent.

Barbara J. Samel, Albany, and A. Kevin Crawford, for New York State Conference of Mayors and Municipal Officials, and another, amici curiae.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, in accordance with the following memorandum, and, as so modified, affirmed.

Petitioner, a not-for-profit corporation, proposed to build a congregate housing facility for the elderly, consisting of two units in a two-family house. Each unit would be occupied by six unrelated elderly Mount Vernon residents. The subject property is a vacant...

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