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MATTER OF FRANCIS DEVELOPMENT AND MANAGEMENT CO., INC. v. TOWN OF CLARENCE

306 A.D.2d 880 (2003)

761 N.Y.S.2d 760

In the Matter of FRANCIS DEVELOPMENT AND MANAGEMENT CO., INC., et al., Appellants, v. TOWN OF CLARENCE et al., Respondents.

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

Decided June 13, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioners commenced this CPLR article 78 proceeding seeking to annul the determination of the Town Board of respondent Town of Clarence (Town), denying petitioners' application for a special exception use permit and to compel the issuance of such a permit. Supreme Court properly dismissed...

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