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  5. 124 A.D.2d 996 (1986)
 

MATTER OF KIDD-KOTT CONSTR. CO., INC. v. LILLIS

124 A.D.2d 996 (1986)

In the Matter of Kidd-Kott Construction Co., Inc., Petitioner, v. Joan F. Lillis et al., Constituting The Town Board of the Town of West Seneca, Respondents

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

November 10, 1986

Determination unanimously annulled on the law, petition granted without costs, and matter remitted to respondent Town Board for further proceedings, in accordance with the following memorandum: Supreme Court erred by transferring this zoning petition pursuant to CPLR 7804 (g). Since the petition seeks review of a determination of a Town Board, the court was statutorily obliged to dispose of the matter on the merits and determine...

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