Order reversed, with costs, petitioner's application denied, appellants' cross motion granted, default judgment vacated and proceeding remitted to Special Term for a determination of said proceeding on the merits.
Petitioner is seeking a use variance in this proceeding pursuant to CPLR article 78. On or about January 6, 1981, he moved for leave to enter a default judgment, arguing that appellants had failed to timely serve their answer to the petition. In opposition...
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