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MATTER OF THOMAS, JR. v. CITY OF BUFFALO INSPECTIONS DEPARTMENT

275 A.D.2d 1004 (2000)

713 N.Y.S.2d 795

In the Matter of CHARLIE THOMAS, JR., Individually and on Behalf of HAMLIN PARK COMMUNITY AND TAXPAYERS' ASSOCIATION, Appellant, v. CITY OF BUFFALO INSPECTIONS DEPARTMENT et al., Respondents.

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

Decided September 29, 2000.

Judgment unanimously affirmed without costs.

Memorandum:

On December 18, 1996, the Zoning Board of Appeals of the City of Buffalo (ZBA) granted the application of respondent Jaffry N. Mohamed for a variance permitting him to expand the nonconforming use of his property as a retail store to include a take-out restaurant. On February 24, 1999, petitioner commenced the instant proceeding, alleging that Mohamed's operation of a take-out restaurant without a restricted...

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