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MATTER OF COATES v. PLANNING BD. OF THE INC. VILL. OF BAYVILLE

58 N.Y.2d 800 (1983)

In the Matter of W. Shelby Coates et al., Appellants, v. Planning Board of the Incorporated Village of Bayville, Respondent.

Court of Appeals of the State of New York.

Decided January 13, 1983.

Attorney(s) appearing for the Case

Nicholas A. Sordi, Jr., for appellant.

Howard Thomas Hogan, Jr., for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division should be modified by reinstating the second decretal paragraph of the order of Special Term annulling condition (e) of respondent's decision and resolution dated May 20, 1980, as amended by resolution dated July 15, 1980, which required that petitioners widen the adjoining roadway to a width of 20 feet. The order, as so modified, should be affirmed, with costs to petitioners...

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