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MATTER OF AVERSANO v. TWO FAMILY USE BD. OF THE TOWN OF BABYLON

117 A.D.2d 665 (1986)

In the Matter of Salvatore Aversano, Petitioner, v. Two Family Use Board of the Town of Babylon, Respondent

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

February 10, 1986

Determination confirmed and proceeding dismissed on the merits, with costs.

We note that Special Term should have disposed of this case on the merits rather than transferring it here (see, Town Law § 267 [7]). However, in the interest of judicial economy, this court will decide the case on the merits (see, Matter of De Blois v Wallace, 88 A.D.2d 1073; Matter of Petrocci v Zoning Bd. of Appeals, ...

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