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MATTER OF FIKE v. ZONING BOARD OF APPEALS OF TOWN OF WEBSTER

2 A.D.3d 1343 (2003)

769 N.Y.S.2d 415

In the Matter of RONALD W. FIKE, Appellant, v. ZONING BOARD OF APPEALS OF TOWN OF WEBSTER, Respondent.

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

December 31, 2003.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to respondent for further proceedings in accordance with the following memorandum: Petitioner appeals from a judgment dismissing his CPLR article 78 petition wherein he sought to annul the determination of respondent denying his application for a variance. We are unable on the record before us to review the propriety of Supreme Court's implicit conclusion that the determination...

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