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MATTER OF SCHAFLER v. CAMPBELL

267 A.D.2d 314 (1999)

699 N.Y.S.2d 892

In the Matter of MARC SCHAFLER et al., Appellants, v. DANIEL CAMPBELL et al., Respondents.

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

Decided December 13, 1999.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioners' contention, the batting cage constitutes a structure (see, Matter of Fuhst v Foley, 45 N.Y.2d 441). Under the circumstances of this case, the Board of Appeals properly denied the application for a zoning variance (see, Matter of Sasso v Osgood, 86 N.Y.2d 374

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