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IN THE MATTER OF CONCETTA T. CERAME IRREVOCABLE FAMILY TRUST v. TOWN OF PERINTON ZONING BOARD OF APPEALS

6 A.D.3d 1091 (2004)

776 N.Y.S.2d 660

In the Matter of CONCETTA T. CERAME IRREVOCABLE FAMILY TRUST et al., Respondents, v. TOWN OF PERINTON ZONING BOARD OF APPEALS et al., Appellants.

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

April 30, 2004.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the penultimate decretal paragraph and as modified the judgment is affirmed without costs.

Memorandum:

Respondents appeal from a judgment remitting petitioners' application to respondent Town of Perinton Zoning Board of Appeals (ZBA) for a de novo determination. Petitioners applied to respondent Town of Perinton (Town) for a permit...

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