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MATTER OF MART v. VILLAGE OF PORT JEFFERSON ZONING BOARD OF APPEALS

266 A.D.2d 548 (1999)

699 N.Y.S.2d 99

In the Matter of MICHAEL MART, Respondent, v. VILLAGE OF PORT JEFFERSON ZONING BOARD OF APPEALS, Appellant.

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

Decided November 29, 1999.

Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is affirmed, without costs or disbursements.

The appeal from the order must be dismissed as no appeal as of right lies from an order in a proceeding pursuant to CPLR article 78 and leave to appeal has not been granted (see, CPLR 7804).

The petitioner owns and operates a...

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