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MATTER OF HUTCHINSON v. ZONING BOARD OF APPEALS OF INCORPORATED VILLAGE OF COVE NECK

302 A.D.2d 526 (2003)

755 N.Y.S.2d 273

In the Matter of DOROTHY M. HUTCHINSON, Petitioner, v. ZONING BOARD OF APPEALS OF INCORPORATED VILLAGE OF COVE NECK, Respondent.

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

Decided February 18, 2003.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Preliminarily, we note that the Supreme Court was not required to transfer this proceeding to this Court pursuant to CPLR 7804 (g) (see Matter of Sasso v Osgood, 86 N.Y.2d 374, 384 n 2 [1995]). We nevertheless retain jurisdiction for the purpose of deciding the case on the merits...

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