# Gurney v. Zoning Board of Appeals

> Appellate Division of the Supreme Court of the State of New York · May 15, 1969 · 32 A.D.2d 738

URL: https://www.frixlaw.com/law-library/cases/5770643

## Case

- **Full name:** In the Matter of Charles L. Gurney, II v. Zoning Board of Appeals of the City of Buffalo, and Children's Hospital of Buffalo, Intervenor-Respondent
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 15, 1969
- **Citations:** 32 A.D.2d 738; 302 N.Y.S.2d 1003; 1969 N.Y. App. Div. LEXIS 4005
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5770643

## Opinion text

Judgment
insofar as appealed from unanimously affirmed, without costs. Memorandum: In affirming we recognize as does the hospital that further action by the Common Council is required to remove the restrictions on some of the areas which the hospital plans to use for parking purposes and that such action must be completed before construction begins. This does not invalidate the variance properly granted by the Zoning Board of Appeals for a 10-story hospital. A plan for adequate parking for such structure has been presented after the completion of a study by experts of the traffic and parking problem authorized by the Common Council and approved by the Board of Parking and the Board of Safety, all of which was considered by the Zoning Board of Appeals. (Appeal from certain parts of judgment of Erie Special Term dismissing part of petition.) Present — Del Vecchio, J. P., Witmer, Gabrielli, Moule and Henry, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5770643. Public record. Not legal advice.