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MATTER OF MT. LYELL ENTERS., INC. v. DeROOY

159 A.D.2d 1015 (1990)

In the Matter of Mt. Lyell Enterprises, Inc., Doing Business as EA Motors, Petitioner, v. Judy DeRooy et al., Constituting The Zoning Board of Appeals of the Town of Gates, Respondents

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

March 16, 1990

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Supreme Court erred in transferring to us this CPLR article 78 proceeding to review the determination of the Zoning Board denying petitioner's application for a use variance. Town Law § 267 (7) enjoins the Supreme Court to "itself dispose of the cause on the merits, determining all questions which may be presented for determination...

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