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MATTER OF CHRISTIE v. HIRSHON

88 A.D.2d 598 (1982)

In the Matter of Norman Christie et al., Petitioners, v. Dorothy Hirshon, as Chairman of The Planning Board of the City of Glen Cove, et al., Respondents, and Glen Cove Realty, Ltd., Intervenor-Respondent

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

May 3, 1982

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

Referring to section 82 of the General City Law, Special Term concluded that it was unclear whether it was authorized to determine the merits of this proceeding and, so, it transferred the matter to this court for determination pursuant to CPLR 7804 (subd [g]). It is obvious that the proceeding should properly have been determined in the first instance at Special Term....

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