Lavere v. Board of Zoning Appeals

Judgment insofar as it dismissed the petition unanimously reversed on the law, with costs, and motion to dismiss petition denied; otherwise judgment affirmed. Memorandum: In an article 78 proceeding brought to test the legality of a variance granted by the Board of Zoning Appeals of the City of Syracuse, Special Term granted respondent’s motion to dismiss the petition on the ground that petitioner, who lived adjacent to the subject premises, was not a “person aggrieved” in that he was a month-to-month tenant and thus had no standing. The motion should have been denied. A tenant has property…