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  5. 190 A.D.2d 797 (1993)
 

MATTER OF HOROWITZ v. ZONING BD. OF APPEALS OF VILL. OF PATCHOGUE

190 A.D.2d 797 (1993)

In the Matter of Robert Horowitz et al., Petitioners, v. Zoning Board of Appeals of Village of Patchogue, Respondent, and Bruce Jimmerson et al., Appellants

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

February 16, 1993

Ordered that the order and judgment is modified, on the law and as a matter of discretion, by deleting the provision thereof which denied that branch of the appellants' motion which was for leave to intervene pursuant to CPLR 7802 (d), and substituting therefor a provision granting that branch of the motion; as so modified, the order and judgment is affirmed, without costs or disbursements.

We agree that the court erred in its determination that the

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