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In the Matter of Jerry Casserino et al., Appellants, v. City of Rochester et al., Respondents

New York Supreme Court, Appellate Division1999-12-30
267 A.D.2d 967700 N.Y.S.2d 921

Authorities cited

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Opinion

majority opinion

exhaust their administrative remedies with respect to their contention that they were entitled to a use variance, and this Court has no discretionary power to reach it (see, Matter of Nelson v Coughlin, 188 AD2d 1071, appeal dismissed 81 NY2d 834). (Appeal from Judgment of Supreme Court, Monroe County, Fisher, J. — CPLR art 78.) Present — Denman, P. J., Green, Pigott, Jr., Hurlbutt and Balio, JJ.

majority opinion

—Judgment unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Fisher, J.). We add only that, because petitioners did not seek a use variance in their administrative appeal to respondent City of Rochester Zoning Board of Appeals, they failed to