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MATTER OF PROBST v. TOWN OF WHEATFIELD

273 A.D.2d 843 (2000)

710 N.Y.S.2d 260

In the Matter of HERMANN PROBST, Appellant, v. TOWN OF WHEATFIELD et al., Respondents.

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

Decided June 16, 2000.

Judgment unanimously reversed on the law without costs, petition granted in part and matter remitted to respondent Zoning Board of Appeals of Town of Wheatfield for further proceedings in accordance with the following Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge the determination of respondent Zoning Board of Appeals of Town of Wheatfield (ZBA) denying petitioner's application for an area variance...

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