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IN THE MATTER OF GILBERT v. ENDRES

13 A.D.3d 1104 (2004)

787 N.Y.S.2d 554

In the Matter of C. THOMAS GILBERT et al., Petitioners, v. RALPH ENDRES et al., Constituting the PLANNING BOARD OF TOWN OF SOUTH BRISTOL, Respondents.

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

December 30, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously vacated without costs and the matter is remitted to Supreme Court, Ontario County, for further proceedings in accordance with the following memorandum: Petitioners commenced this CPLR article 78 proceeding, transferred to this Court pursuant to CPLR 7804 (g), seeking to annul the determination granting their neighbor a special use permit to hold an annual fall harvest festival on her...

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