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MATTER OF MILNARIK v. ROGERS

298 A.D.2d 637 (2002)

748 N.Y.S.2d 615

In the Matter of RAYMOND MILNARIK et al., Appellants, v. JAMES ROGERS, as Chair of the Village of Lake Placid Zoning Board of Appeals, et al., Respondents.

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

Decided October 17, 2002.

Mugglin, J.

Petitioners commenced this CPLR article 78 proceeding seeking to compel the Zoning Board of Appeals of the Village of Lake Placid (hereinafter ZBA) to hear and determine petitioners' administrative appeal which seeks to challenge the issuance of a certificate of occupancy to respondents William Kane and Sara Kane. Petitioners assert that the Kanes constructed a garage in violation of a variance granted with...

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