MATTER OF O'CONNELL MACHINERY CO., INC. v. CITY OF BUFFALO ZONING BOARD OF APPEALS


60 A.D.3d 1353 (2009)

875 N.Y.S.2d 715

In the Matter of O'CONNELL MACHINERY CO., INC., Appellant, v. CITY OF BUFFALO ZONING BOARD OF APPEALS et al., Respondents.

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

Decided March 20, 2009.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding seeking to annul the determination of respondent City of Buffalo Zoning Board of Appeals (ZBA) granting the application of the remaining respondents (collectively, developers) for a use variance permitting the use of two parcels in an M-1 light industrial district for a mixed use development, including student housing and...

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