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MATTER OF ZELNICK v. SMALL

268 A.D.2d 527 (2000)

702 N.Y.S.2d 105

In the Matter of STEPHEN ZELNICK, Respondent, v. ROBERTA SMALL et al., Appellants.

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

Decided January 24, 2000.

Ordered that the judgment is modified, on the law, by deleting the provision thereof directing the Zoning Board of Appeals of the Town of Clinton to issue the variance, and substituting therefor a provision remitting the matter to the Zoning Board of Appeals of the Town of Clinton for a new hearing in accordance with General Municipal Law § 239-m (3) (b) and thereafter a new determination; as so modified, the judgment is affirmed, without costs or disbursements.

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