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MATTER OF MEYER v. ZONING BD. OF APPEALS OF CITY OF UTICA

426 CA 15-00871.

139 A.D.3d 1406 (2016)

31 N.Y.S.3d 385

2016 NY Slip Op 03643

In the Matter of ANN MEYER et al., Appellants, v. ZONING BOARD OF APPEALS OF CITY OF UTICA et al., Respondents.

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

Decided May 6, 2016.

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

Memorandum: In this CPLR article 78 proceeding, petitioners appeal from a judgment dismissing their petition seeking, inter alia, to annul the determination granting the application of respondent Stewart's Shops Corp. (Stewart's) for a use variance to construct a "vehicle service station with an accessory retail establishment" on the subject property. We affirm.

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