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MATTER OF INDEPENDENT WIRELESS ONE CORPORATION v. CITY OF SYRACUSE

309 A.D.2d 1291 (2003)

765 N.Y.S.2d 567

In the Matter of INDEPENDENT WIRELESS ONE CORPORATION et al., Respondents, v. CITY OF SYRACUSE et al., Appellants.

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

Decided October 2, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Petitioners, providers of wireless telecommunications services, commenced this proceeding pursuant to CPLR article 78 seeking, inter alia, a judgment annulling the "constructive denial" by respondent City of Syracuse Board of Zoning Appeals (BZA) of petitioners' application for a use variance permitting petitioners to construct a telecommunications...

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