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MTR OF ZIEMBA v. CITY OF TROY

10 Misc.3d 581 (2005)

802 N.Y.S.2d 586

In the Matter of RUSSELL ZIEMBA, as President of the Historic Action Network, et al., Petitioners, v. CITY OF TROY et al., Respondents.

Supreme Court, Rensselaer County.

October 5, 2005.

Attorney(s) appearing for the Case

Stephen F. Downs, Selkirk, for petitioners.

David B. Mitchell, Corporation Counsel, for City of Troy and others, respondents.

Whiteman Osterman & Hanna, L.L.P., Albany (Jonathan P. Nye of counsel), for George Weston Bakeries Inc. and another, respondents.

OPINION OF THE COURT

JAMES B. CANFIELD, J.

Petitioners commenced this CPLR article 78 proceeding challenging respondents', City of Troy, the City of Troy Planning Board, Peter Kehoe, in his official capacity as Chairman of the City of Troy Planning Board, and Terry Dubois, in his capacity as Director of the Bureau of Code Enforcement (Troy), decisions granting respondents George Weston Bakeries Inc. and Freihofer Sales Company's application to raze two allegedly...

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