Eagle Associates v. Dolan

OPINION OF THE COURT

Edward S. Conway, J.

This is a CPLR article 78 proceeding in which petitioner seeks a judgment reversing a decision of the City of Albany Zoning Board of Appeals dated June 26, 1989 which denied petitioner’s application for a variance for premises 209 Jefferson Street, Albany, New York.

The respondent Zoning Board of Appeals (hereinafter referred to as ZBA) makes a cross motion to dismiss the petition *548on an objection in point of law that the court has no jurisdiction over the respondent.

The proceeding brought by petitioner sought an area variance of 12 Vi feet from the…