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BARRON v. GETNICK

107 A.D.2d 1017 (1985)

Raymond Barron, as Executor of George A. Barron, Deceased, Respondent, v. Michael E. Getnick et al., Constituting The Board of Appeals of the Town of Kirkland, Appellants

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

January 29, 1985

Judgment unanimously vacated, on the law, without costs, determination annulled and petition dismissed.

Memorandum:

The Zoning Board of Appeals of the Town of Kirkland was without jurisdiction to make the determination which is the subject of this appeal. Subdivision 2 of section 267 of the Town Law authorizes the Town Board to appoint a board of appeals and provides that "[s]uch board of appeals shall hear and decide

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