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MATTER OF BIERWORTH-RIEDMAN HOMES, INC. v. MULLIGAN, JR.

259 A.D.2d 972 (1999)

688 N.Y.S.2d 457

In the Matter of BIERWORTH-RIEDMAN HOMES, INC., Appellant, v. WILLIAM J. MULLIGAN, JR., et al., Constituting the Town Board of Town of Henrietta, Respondents.

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

Decided March 19, 1999.

Judgment unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court (Galloway, J.). We add only that respondents properly relied on the standards set forth in Henrietta Town Code § 127-48 (A) and (B) in denying the application and that respondents' determination with respect to those standards is supported by the record. Although petitioner is not foreclosed from seeking a future modification of the original...

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