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MATTER OF KRENZER v. TOWN OF CALEDONIA ZONING BD. OF APPEALS

233 A.D.2d 882 (1996)

649 N.Y.S.2d 863

In the Matter of Steven Krenzer et al., Appellants, v. Town of Caledonia Zoning Board of Appeals, Respondent. Richard Pursel et al., Intervenors-Respondents. (Appeal No. 1.)

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

November 8, 1996

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed the petition and found that respondent's denial of petitioner's application was based upon substantial evidence. We note that the court also could have dismissed the petition on the ground that this proceeding was untimely (see, CPLR 304; Matter of Fry v Village of Tarrytown, 226 A.D.2d 461

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