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MEISENZAHL v. WILSON

40 A.D.2d 756 (1972)

Margaret Meisenzahl, as Executor of Frank W. Wermuth, Deceased, et al., Petitioners, v. John Wilson et al., Constituting The Zoning Board of Appeals of the Town of Henrietta, Respondents

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

October 26, 1972

Determination unanimously confirmed, without costs.

Memorandum:

Even though the proceeding was improperly transferred, this court should determine it on the merits (CPLR 7804, subd. [g]; Matter of Willow Gardens Apts. v. Riker, 36 A.D.2d 892). On the question of the standard of review where a town board or zoning board refuses a special exception see Matter of Lemir Realty Corp. v. Larkin (

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