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MATTER OF McDONALD'S CORPORATION v. KERN

260 A.D.2d 578 (1999)

688 N.Y.S.2d 613

In the Matter of McDONALD'S CORPORATION, Respondent, v. ROY M. KERN et al., Appellants.

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

Decided April 19, 1999.

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the Board of Zoning Appeals exceeded its authority when it sua sponte raised the issue of the location of the relevant zoning district boundary lines and, upon its own inquiry, rendered essentially a de novo determination on that issue (see, Moriarty v Planning Bd., 119 A.D.2d 188; Barron v Getnick, 107 A...

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