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MATTER OF MICHALAK v. ZONING BOARD OF APPEALS OF TOWN OF POMFRET

286 A.D.2d 906 (2001)

731 N.Y.S.2d 129

In the Matter of DONALD H. MICHALAK et al., Appellants, v. ZONING BOARD OF APPEALS OF TOWN OF POMFRET et al., Respondents.

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

Decided September 28, 2001.

Judgment unanimously affirmed without costs.

Memorandum:

On this appeal by petitioners from a judgment dismissing their CPLR article 78 petition, respondents contend that the appeal should be dismissed as moot. We disagree. Respondent Zoning Board of Appeals of the Town of Pomfret (ZBA) voted on February 10, 2000 to permit respondent New York RSA No. 3 Cellular Partnership (Phone Company) to replace antennas on a cellular tower 200 feet high. The notice of...

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