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Filmways Communications of Syracuse, Inc. v. Douglas

65 N.Y. 878 Court N.Y. Decision date 1985-07-09 English

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In the Matter of Filmways Communications of Syracuse, Inc., Respondent, v Alan Douglas, as Building Inspector of the Town of Onondaga, Appellant.
Decided July 9, 1985
p. 879
APPEARANCES OF COUNSEL
John P. Kinney for appellant.
John B. Hood and Jeffrey G. Wright for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed,

p. 880
with costs, for the reasons stated in the opinion by Justice James H. Boomer at the Appellate Division ( 106 AD2d 185 ). We note in addition that in this case, the variance was granted prior to the effective date of SEQRA; therefore, whether the granting of a variance would otherwise trigger the review process mandated by the act is not before us at this time.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.

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