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IN THE MATTER OF W.K.J. YOUNG GROUP v. ZONING BOARD OF APPEALS OF VILLAGE OF LANCASTER

16 A.D.3d 1021 (2005)

791 N.Y.S.2d 807

In the Matter of W.K.J. YOUNG GROUP, Petitioner, v. ZONING BOARD OF APPEALS OF VILLAGE OF LANCASTER, Respondent, and STEVEN SCHILLINGER et al., Intervenors.

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

March 18, 2005.

It is hereby ordered that the determination be and the same hereby is unanimously annulled on the law without costs, the petition is granted, and the matter is remitted to respondent for further proceedings in accordance with the following memorandum: This CPLR article 78 proceeding was improperly transferred to this Court inasmuch as petitioner does not challenge a determination made as a result of an evidentiary hearing directed by law (see CPLR 7803 [4]; 7804 [g...

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