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MATTER OF CUCCI v. ZONING BD. OF APPEALS OF THE TOWN OF HUNTINGTON

154 A.D.2d 372 (1989)

In the Matter of Toula Cucci, Petitioner, v. Zoning Board of Appeals of the Town of Huntington et al., Respondents

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

October 2, 1989

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Initially, we note that the Supreme Court should have disposed of this proceeding on the merits instead of transferring it to this court (see, Town Law § 267 [7]). However, this court will decide the case on the merits in the interest of judicial economy (see, Matter of Bauer v Zoning Bd. of Appeals...

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