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MATTER OF PETROCCI v. ZONING BD. OF APPEALS OF THE TOWN OF CAMILLUS

42 A.D.2d 676 (1973)

In the Matter of Louis Petrocci et al., Petitioners, v. Zoning Board of Appeals of the Town of Camillus et al., Respondents

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

June 1, 1973

Determination unanimously confirmed, without costs.

Memorandum:

Since this article 78 proceeding seeks review of the determination of a Town Zoning Board of Appeals, Special Term should have disposed of the matter on the merits instead of transferring it to this court (Town Law, § 267, subd. 7; Anderson, Zoning Law and Practice in New York State [1963 ed.] § 22.10). Nevertheless, the matter having been argued before us, in the interest of expedition...

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