Doran v. Lewis

Appeals from a judgment (denominated order) of Supreme Court, Erie County (Fa-hey, J.), entered May 28, 2002, which granted the petition and annulled a determination of the Zoning Board of Appeals of the City of Buffalo.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination denying her application for a variance and a building permit. Supreme Court erred in determining that petitioner is…