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BENDER v. BD. OF TRS. OF THE VILL. OF FAYETTEVILLE

91 A.D.2d 1171 (1983)

Malcolm P. Bender, as Treasurer of Fayetteville Village Residents Association, Appellant, v. Board of Trustees of the Village of Fayetteville et al., Respondents. (Appeal No. 1.)

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

January 21, 1983

Order modified and, as modified, affirmed, without costs, in accordance with memorandum.

Memorandum:

Petitioners appeal from the two orders in this zoning case. The first order, dated May 27, 1981, held that (a) Village of Fayetteville Local Law No. 6 of 1973 is valid, (b) that the action, converted by the court to a CPLR article 78 proceeding, was timely commenced, (c) dismissed Frank and John Muraco as parties respondent, (d) declared that the building permit...

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