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MATTER OF SQUIRE v. CONWAY

256 A.D.2d 771 (1998)

681 N.Y.S.2d 623

In the Matter of BORIS SQUIRE et al., Appellants, v. PETER M. CONWAY, as Chairperson of the Board of Zoning Appeals of the City of Albany, et al., Respondents.

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

Decided December 10, 1998.

Spain, J.

Petitioners are the owners of Airpage, a telecommunications business, located at 310 State Street (hereinafter the property) in the City of Albany. In 1965, Airpage moved into the property which was located in a "Business 1" zoned block; it is uncontroverted that at that time, the business operated in the subbasement and basement. Under the City's Zoning Ordinance of 1968, the block was rezoned as part of an "R-3 (H) Multifamily Residential Zoning District...

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