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MATTER OF DELAVORE v. SCHEYER

215 A.D.2d 478 (1995)

626 N.Y.S.2d 260

In the Matter of Lee Delavore et al., Petitioners, v. Richard I. Scheyer, as Chairman of The Board of Zoning Appeals of the Town of Islip, et al., Respondents

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

May 8, 1995

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

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-c [4]). 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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