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Guziec v. Woods

171 A.D.2d 1082 Court N.Y. App. Div. Decision date 1991-03-08 English

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p. 1082
Michael E. Guziec et al., Appellants, v Mark Woods et al., Constituting the Zoning Board of Appeals of the City of Dunkirk, et al., Respondents.

Appeal unanimously dismissed without costs. Memorandum: Petitioners appeal from a judgment which affirmed the determination of the City of Dunkirk Zoning Board of Appeals granting a seasonal variance to respondents Runfola and Corsi to operate a hot dog stand on Runfola’s property. Since the variance at issue expired by its own terms on November 1, 1989, this appeal is rendered moot (see, Matter of Burns Pharmacy v Conley, 146 AD2d 842 , 843). Moreover, we conclude that the issue presented is not of such general interest or public importance that exception to the mootness doctrine is warranted (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707 , 714-715; cf., Matter of Friends of Pine Bush v Planning Bd., 86 AD2d 246 , 248, affd 59 NY2d 849 ). (Appeal from Judgment of Supreme Court, Chautauqua County, Cass, Jr., J. — Article 78.) Present — Callahan, J. P., Doerr, Green, Balio and Lowery, JJ.

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