Lo Guidice v. Wallace

Appeal from a judgment of the Supreme Court at Special Term (Torraca, J.), entered May 7, 1985 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Zoning Board of Appeals of the City of Albany denying petitioner’s application for a use variance.

*914Petitioner commenced this CPLR article 78 proceeding to review a determination by respondent Zoning Board of Appeals of the City of Albany (the Board) which denied a use variance for the establishment of an Italian restaurant at 1148 Western Avenue in the City of…