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MATTER OF STAMM v. BOARD OF ZONING APPEALS OF TOWN OF GREECE

283 A.D.2d 995 (2001)

723 N.Y.S.2d 737

In the Matter of ROGER STAMM et al., Respondents, v. BOARD OF ZONING APPEALS OF TOWN OF GREECE, Appellant, and CHARLES YONCKHEERE et al., Intervenors-Respondents-Appellants.

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

Decided May 2, 2001.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the CPLR article 78 petition and annulled the use variance granted in October 1999 with respect to real property located at 839 Long Pond Road in the Town of Greece. The variance permitted a restricted business use in a single-family residential district on the ground of unnecessary hardship. As the court properly determined, respondent, Zoning Board of Appeals of the Town...

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