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PARTITION ST. v. ZONING BD.

302 A.D.2d 65 (2002)

752 N.Y.S.2d 749

In the Matter of PARTITION STREET CORPORATION, Appellant, v. ZONING BOARD OF APPEALS OF CITY OF RENSSELAER, Respondent.

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

December 26, 2002.

Attorney(s) appearing for the Case

Tuczinski, Cavalier, Burstein & Collura P.C., Albany (Andrew W. Gilchrist of counsel), for appellant.

Young, Sommer, Ward, Ritzenberg, Wooley, Baker & Moore L.L.C., Albany (Michael J. Moore of counsel), for respondent.

CARDONA, P.J., SPAIN, MUGGLIN and LAHTINEN, JJ., concur.

OPINION OF THE COURT

PETERS, J.

Petitioner owns 62 acres of real property in the Town of East Greenbush, Rensselaer County (hereinafter the East Greenbush parcel), directly on the boundary line between East Greenbush and the City of Rensselaer, Rensselaer County. Petitioner also owns a 0.14-acre adjoining parcel in the City of Rensselaer (hereinafter the Rensselaer parcel) which provides the sole method of access to the East Greenbush parcel. It is undisputed...

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