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IN THE MATTER OF BARSIC v. YOUNG

22 A.D.3d 488 (2005)

801 N.Y.S.2d 829

In the Matter of EDWARD BARSIC, JR., Respondent, v. THOMAS YOUNG et al., Appellants.

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

Decided October 3, 2005.

Ordered that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701 [a] [3]; [c]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof directing that the Zoning Board of Appeals of the Town of Babylon apply the standards for an area variance set forth in Town Law § 267-b (3) (b) and substituting therefor a provision directing...

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