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MATTER OF GIDNEY v. ZONING BD. OF APPEALS OF CITY OF BUFFALO

Motion No. (108/22) CA 21-01074.

208 A.D.3d 1654 (2022)

174 N.Y.S.3d 641

2022 NY Slip Op 05484

In the Matter of Elverna D. Gidney, Appellant, et al., Petitioner, v. Zoning Board of Appeals of City of Buffalo et al., Respondents.

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

Decided September 30, 2022.

Motion for reargument is granted in part and, upon reargument, the memorandum and order entered July 1, 2022 (207 A.D.3d 1025 [4th Dept 2022]) is amended by deleting the second paragraph of the memorandum and substituting the following paragraph:

We reject petitioner's contention that the determination to grant the developers' application for the area variances lacks a rational basis and is not supported by substantial evidence (see generally Matter of Pecoraro...

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