Ordered that the appeal from the order dated January 15, 2003, is dismissed as abandoned, without costs or disbursements; and it is further,
Ordered that the order and judgment dated November 8, 2002, is modified, on the law, by deleting the provision thereof, in effect, denying the petition and dismissing the proceeding and substituting therefor a provision granting the petition to the extent of annulling the determination of the respondent Town Board of the Town...
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