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MATTER OF SCAGLIONE v. ZONING BD. OF APPEALS OF THE TOWN OF NEW HARTFORD

212 A.D.2d 1006 (1995)

623 N.Y.S.2d 35

In the Matter of Ronald Scaglione et al., Appellants, v. Zoning Board of Appeals of the Town of New Hartford et al., Respondents

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

February 3, 1995

Judgment unanimously reversed on the law without costs and petition granted.

Memorandum:

Supreme Court erred in dismissing the petition to annul a determination of respondent Zoning Board of Appeals of the Town of New Hartford (Zoning Board) that granted respondent Board of Water Supply of the City of Utica (Water Board) a special use permit to construct a three million gallon water storage tank in the Middle Grove subdivision in the Town of New Hartford....

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