MATTER OF McLAREN v. SCHICK


112 A.D.2d 732 (1985)

In the Matter of Leon McLaren et al., Respondents, v. Craig Schick et al., Constituting The Zoning Board of Appeals of the Town of Marshall, Appellants

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

July 12, 1985


Judgment unanimously reversed, on the law, without costs and petition dismissed.

Memorandum:

In this CPLR article 78 proceeding, respondents, members of the Zoning Board of Appeals, appeal from a judgment annulling their determination denying petitioners' application for an area variance and directing them to grant the application. The variance sought would permit an encroachment of 11 feet into the 25-foot setback so that petitioners could construct an addition...

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