MATTER OF ACTON v. WALLACE, 67 N.Y.2d 953 (1986)

494 N.E.2d 105, 502 N.Y.S.2d 1000

In the Matter of DENNIS ACTON et al., Appellants, v. DONALD WALLACE et al., Constituting the Board of Building and Zoning Appeals of the City of Albany, et al., Respondents.

Court of Appeals of the State of New York.Argued March 25, 1986
Decided May 1, 1986

Appeal from the

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Appellate Division of the Supreme Court in the Third Judicial Department, Con. G. Cholakis, J.

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George F. Carpinello for appellants.

Vincent J. McArdle, Jr., Corporation Counsel (Gary F. Stiglmeier of counsel), for Donald Wallace and others, respondents.

James T. Potter and William F. Conway for Daniel A. Lanzetta, III, and another, respondents.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (112 A.D.2d 581).

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.