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IN THE MATTER OF MOSHER v. TOWN OF SOUTHPORT ZONING BOARD OF APPEALS

5 A.D.3d 840 (2004)

772 N.Y.S.2d 640

In the Matter of SCOTT D. MOSHER et al., Appellants, v. TOWN OF SOUTHPORT ZONING BOARD OF APPEALS et al., Respondents.

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

March 4, 2004.

Carpinello, J.

Petitioners commenced this CPLR article 78 proceeding to challenge the approval by respondent Town of Southport Zoning Board of Appeals (hereinafter ZBA) of a use variance sought by respondent Cheryl A. Westervelt. The ZBA considered and approved Westervelt's application at its May 15, 2002 meeting, and the draft minutes of this meeting were filed with the Town Clerk on or about June 4, 2002. These minutes received final approval by the ZBA at its subsequent...

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