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CHARTER SCHOOL v. ALBANY

10 Misc.3d 870 (2005)

805 N.Y.S.2d 818

ALBANY PREPARATORY CHARTER SCHOOL et al., Petitioners-Plaintiffs, v. CITY OF ALBANY et al., Respondents-Defendants.

Supreme Court, Albany County.

November 30, 2005.

Attorney(s) appearing for the Case

John J. Reilly, Corporation Counsel, Albany (Terrence A. Gorman of counsel), for respondents-defendants.

Stockli Greene, LLP, Albany (John P. Stockli, Jr. of counsel), for petitioners-plaintiffs.

OPINION OF THE COURT

THOMAS J. SPARGO, J.

The petitioners-plaintiffs challenge a determination of the Albany Board of Zoning Appeals (BZA) dated March 17, 2005 which denied the application of the Brighter Choice Foundation Inc. for a use variance, area variance and a parking lot permit to construct and operate a charter school at 30 Watervliet Avenue, Albany, New York.

Albany Preparatory Charter School is an education corporation chartered by the...

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