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IN THE MATTER OF CONSTANTINO v. MOLINE

4 A.D.3d 820 (2004)

771 N.Y.S.2d 427

In the Matter of MICHAEL CONSTANTINO et al., Respondents, v. RONALD MOLINE et al., Constituting the TOWN BOARD OF THE TOWN OF TONAWANDA, Appellants.

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

February 11, 2004.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioners commenced this CPLR article 78 proceeding to annul the determination of the Town Board of the Town of Tonawanda (Town Board) denying their application for a special use permit to construct three multiple dwelling units consisting of 20 condominiums. Supreme Court properly granted the petition. Although respondents contend...

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