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Canner v. Delameter

56 N.Y.2d 724 Court N.Y. Decision date 1982-05-11 English

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p. 724
In the Matter of Raymond Canner, Appellant, v Carlton Delameter et al., Constituting the Zoning Board of Appeals of the Town of Oneonta, Respondents.
Decided May 11, 1982
p. 726
APPEARANCES OF COUNSEL
Joseph F. Kehoe for appellant.
William H. Schebaum for respondents.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. If the Town of Oneonta did not have jurisdiction over Lot 59, it could not grant a variance. If, on the other hand, the town did have jurisdiction, it cannot be said, as a matter of law, that respondents’ determination was arbitrary and capricious.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.