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MURMER v. BD OF APPEALS

98 Misc.2d 1068 (1979)

Robert Murmer et al., Petitioners, v. Board of Appeals for the City of Auburn et al., Respondents.

Supreme Court, Cayuga County.

February 27, 1979

Attorney(s) appearing for the Case

Welch, Welch & Carr (Robert J. Allan of counsel), for petitioners. Pettigrass & Thurston (Earl E. Thurston of counsel), for Board of Appeals, respondent. George R. Iocolano and Boyle, Lipski, McLane & Lynch (Charles H. Lynch, Jr., of counsel), for Ralph Davia and another, respondents.

ARTHUR E. BLAUVELT, J.

This is an article 78 proceeding brought by petitioners seeking a judgment annulling a determination of the respondent Zoning Board of Appeals for the City of Auburn, New York (hereinafter Board) which granted a special use permit to respondents Davia (hereinafter Davias) to operate a day care center for preschool children at premises known as 19 Grover Street in the City of Auburn, New...

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