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In the Matter of ROBERT KEMP et al., Appellants, v. ZONING BOARD OF APPEALS OF THE VILLAGE OF WAPPINGERS FALLS, Respondent, and TONY RABADI, Respondent.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly concluded that the appellants failed to establish that the variance in question caused them an injury within the "zone of interests" protected by zoning regulations, inasmuch as the only potential injury suggested in the record is an increase in business competition (see, Matter of Sun-Brite Car Wash v. Board of Zoning Appeals, 69 N.Y.2d 406, 414-415; Matter of Dairylea Coop. v. Walkley, 38 N.Y.2d 6, 9). Absent demonstration of some other injury, the appellants lack standing to challenge the variance, regardless of their proximity to the applicant's property (see, Matter of Sun-Brite Car Wash v. Board of Zoning Appeals, supra, at 414). Copertino, J.P., Santucci, Altman and Krausman, JJ., concur.

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MATTER OF KEMP v. ZONING BOARD OF APPEALS
(Jun 19, 1995)