Sierra Construction Co. v. Board of Appeals

Chief Judge Desmond.

On alleged constitutional grounds (Civ. Prac. Act, § 588, subd. 1, par. [a]) petitioner appeals from a unanimous affirmance by Appellate Division, Fourth Department, of a Special Term order confirming a determination of the Zoning Board of Appeals of the Town of Greece, Monroe County. The toAvn board had upheld a denial by the town’s Building Inspector of petitioner’s application for a building permit, and the denial had been on the ground that the dAvelling which petitioner proposed to build violated a setback provision of the local zoning ordinance. Petitioner’s…