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IN THE MATTER OF TAGLIAFERRI v. WEILER

1 N.Y.3d 605 (2004)

807 N.E.2d 864

775 N.Y.S.2d 753

In the Matter of SILVAN TAGLIAFERRI, Doing Business as CASTLE HILL HOMES, Respondent, v. CHARLES G. WEILER et al., Constituting the Board of Zoning Appeals of the Incorporated Village of Hempstead, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 12, 2004.

Attorney(s) appearing for the Case

C. Robinson, Thompson & Associates, LLP, New York City (Michael L. Moriello of counsel), for appellants.

Minerva & D'Agostino, P.C., Valley Stream (Dominick M. Minerva of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to that Court for further proceedings consistent with this memorandum.

CPLR 2001 provides that, "[a]t any stage of an action," absent prejudice of a "substantial right of a party," the court shall disregard a "mistake, omission, defect or irregularity." The attorneys for the Village of Hempstead Board of Zoning Appeals, its...

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