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IN THE MATTER OF BURKE v. DICKMAN

6 A.D.3d 1163 (2004)

775 N.Y.S.2d 648

In the Matter of EDMUND F. BURKE, Respondent, v. PATRICIA DICKMAN et al., Constituting the Village Board of the Village of Orchard Park, 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 reversed on the law without costs and the petition is dismissed.

Memorandum:

Petitioner applied to the Village Board of the Village of Orchard Park (Village Board) for a special use permit to construct an apartment complex, consisting of two buildings housing 14 two-bedroom units and a rear building to be used as a 12-car...

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