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MATTER OF MAZZOLI v. DI FABIO

259 A.D.2d 951 (1999)

687 N.Y.S.2d 503

In the Matter of ROBERT M. MAZZOLI, Respondent, v. JOSEPH DI FABIO et al., Respondents, and PATRICK A. LEONE, JR., et al., Intervenors-Appellants.

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

Decided March 19, 1999.

Judgment unanimously affirmed without costs.

Memorandum:

In affirming the judgment, we note that petitioner did not, by filing an application for a use variance, submit to the jurisdiction of the Zoning Board of Appeals (see, Matter of Gaylord Disposal Serv. v Zoning Bd. of Appeals, 175 A.D.2d 543, 545, lv denied 78 N.Y.2d 863). The record establishes that petitioner was coerced by the threat of criminal penalties...

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