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MATTER OF ECCLES v. ZONING BD. OF APPEALS OF THE VILL. OF IRVINGTON

200 A.D.2d 570 (1994)

606 N.Y.S.2d 305

In the Matter of Peter W. Eccles et al., Respondents, v. Zoning Board of Appeals of the Village of Irvington, Respondent, and Jane K. Wells, Intervenor-Appellant

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

January 10, 1994

Ordered that the judgment is affirmed, with costs to the petitioners payable by the appellant.

We agree with the Supreme Court that the Zoning Board of Appeals of the Village of Irvington exceeded its powers under the Village of Irvington Code. The Village of Irvington Code provides that the Zoning Board of Appeals may issue a variance upon the denial of an application for a building permit (see, Village of Irvington Code § 243-97 [B] [1]). In the absence...

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