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MATTER OF CHALIAN v. MALONE

307 A.D.2d 619 (2003)

762 N.Y.S.2d 707

In the Matter of MARIANNE CHALIAN et al., Appellants, v. MICHAEL MALONE et al., Constituting the Zoning Board of Appeals of the Town of Colonie, Respondents.

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

Decided July 24, 2003.

Cardona, P.J.

Petitioners are residents of the Town of Colonie, Albany County, who commenced this CPLR article 78 proceeding on June 26, 2002 challenging a May 23, 2002 determination by respondents, members of the Zoning Board of Appeals of the Town of Colonie, who conditionally approved the application of Plaza at Latham, LLC (hereinafter Plaza) to construct a Lowe's Home Improvement Center in the Town. Plaza was not named as a respondent nor served with a petition...

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