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MATTER OF BAER v. TOWN OF WATERFORD

186 A.D.2d 850 (1992)

In the Matter of Kenneth J. Baer et al., Respondents, v. Town of Waterford et al., Appellants

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

October 1, 1992

Initially, we reject respondents' contention that Supreme Court should have transferred the proceeding to this Court. The petition sought review of a determination of a town zoning board of appeals; Supreme Court was therefore obligated by statute to dispose of the matter on its merits and to determine all of the issues raised by the pleadings (see, Town Law § 267 [7]; Matter of Kidd-Kott Constr. Co. v Lillis, 124 A.D.2d 996...

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