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IN THE MATTER OF HAMPTON HILL VILLAS CONDOMINIUM BOARD OF MANAGERS v. TOWN OF AMHERST ZONING BOARD OF APPEALS

13 A.D.3d 1079 (2004)

787 N.Y.S.2d 557

In the Matter of HAMPTON HILL VILLAS CONDOMINIUM BOARD OF MANAGERS et al., Respondents, v. TOWN OF AMHERST ZONING BOARD OF APPEALS et al., Appellants, et al., Respondents. (Proceeding No. 1.) TINSELTOWN USA et al., Third-Party Plaintiffs, v. JOHN STEWART, Individually and Doing Business as PRO-TECT SECURITY, Third-Party Defendant-Respondent. (Appeal No. 2.)

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

December 30, 2004

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petitions are dismissed.

Memorandum:

Respondents Town of Amherst Zoning Board of Appeals and its members (collectively, ZBA) and Ciminelli Development Company, Inc. (Ciminelli) appeal from a judgment in petitioners' CPLR article 78 proceedings that annulled the ZBA's determination...

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