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MATTER OF DEMAIO v. ZONING BOARD OF APPEALS OF VILLAGE OF DOBBS FERRY

270 A.D.2d 487 (2000)

705 N.Y.S.2d 617

In the Matter of THOMAS DEMAIO, Appellant-Respondent, v. ZONING BOARD OF APPEALS OF VILLAGE OF DOBBS FERRY et al., Respondents-Appellants.

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

Decided March 27, 2000.

Ordered that the appeal from the order entered January 12, 1999, is dismissed, without costs or disbursements, as no appeal lies as of right from an order in a proceeding pursuant to CPLR article 78 and leave to appeal has not been granted (see, CPLR 5701 [b]); and it is further,

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed on the merits, and the determination of the Zoning Board of Appeals...

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