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MATTER OF STEVENS v. HEWSON

152 A.D.2d 956 (1989)

In the Matter of Richard Stevens, Respondent, v. James R. Hewson et al., Constituting The Zoning Board of Appeals of the Town of Hastings, Appellants

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

July 12, 1989

Judgment insofar as appealed from unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Special Term erred in upholding the December 1987 determination made by respondents (ZBA). A decision, upon reconsideration or rehearing, to reverse or modify a prior determination by the ZBA must be approved unanimously (Town Law § 267 [6]; Matter of Panella v Budney, 59 Misc.2d 542; 2 Anderson...

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