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ALBANY SPORTS CORP. v. CITY

1754-13.

40 Misc.3d 578 (2013)

965 N.Y.S.2d 699

2013 NY Slip Op 23168

In the Matter of ALBANY BASKETBALL & SPORTS CORPORATION, Doing Business as WASHINGTON AVENUE ARMORY, Petitioner, v. CITY OF ALBANY et al., Respondents.

Supreme Court, Albany County.

May 20, 2013.

Attorney(s) appearing for the Case

Law Office of Gregory J. Teresi, PLLC, Albany ( Gregory J. Teresi of counsel), and Law Office of John Hoggan, PLLC, Albany ( John D. Hoggan, Jr. , of counsel), for petitioner. John J. Reilly , Corporation Counsel, Albany ( Eric Sugar of counsel), for respondents.

OPINION OF THE COURT

MICHAEL C. LYNCH, J.

This CPLR article 78 proceeding was commenced by order to show cause (Lynch, J.) dated March 26, 2013, and returnable April 30, 2013, to annul a March 13, 2013 decision of the City of Albany Board of Zoning Appeals (BZA) interpreting the term "auditoria" under section 375-14 of the Code of the City of Albany (City of Albany Zoning Ordinance).*<...

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