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MATTER OF RUMSEY v. CRATE

22 A.D.2d 995 (1964)

In the Matter of Albert W. Rumsey, Jr., et al., Appellants, v. Leslie Crate et al., Constituting The Board of Zoning Appeals of the Town of Sullivan, Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 23, 1964

MEMORANDUM BY THE COURT.

Special Term annulled the determination and remitted the proceeding to the board with the direction that it "meet in formal session and vote on the application for the special use permit." Petitioners appeal only from that part of the order which remitted the proceeding. The voting procedures which the record shows to have been adopted by the board were grossly irregular and it is obvious that there was no compliance with other provisions...

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