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MATTER OF BEEBE v. ZONING BD. OF APPEALS OF THE TOWN OF NEW CASTLE

65 A.D.2d 794 (1978)

In the Matter of Tyler H. Beebe et al., Petitioners, v. Zoning Board of Appeals of the Town of New Castle, Respondent, and New York Telephone Company, Intervenor-Respondent

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

November 20, 1978

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

Under subdivision 7 of section 267 of the Town Law, this matter should have been disposed of at Special Term in the first instance, rather than having been transferred to this court. However, in view of the fact that the matter is before the court, it will be determined on the merits (see Falkenbury v Shultz, 44 A.D.2d 827). Henceforth...

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