MATTER OF CARLUCCI v. BD. OF ZONING APPEALS OF TOWN OF PHILIPSTOWN


205 A.D.2d 688 (1994)

613 N.Y.S.2d 665

In the Matter of Nancy Carlucci, Petitioner, v. Board of Zoning Appeals of Town of Philipstown, Respondent

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

June 20, 1994


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Initially, we note that the Supreme Court should have disposed of the 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 Cucci v Zoning Bd. of Appeals,

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