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IN THE MATTER OF SCHAFFER v. ZONING BOARD OF APPEALS OF TOWN/VILLAGE OF HARRISON

22 A.D.3d 501 (2005)

803 N.Y.S.2d 644

In the Matter of DEAN SCHAFFER et al., Respondents, v. ZONING BOARD OF APPEALS OF TOWN/VILLAGE OF HARRISON et al., Respondents, and HARRY WEISS, Intervenor-Appellant.

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

October 3, 2005.

Ordered that the appeal is dismissed as academic, with costs.

The intervenor failed to move in this Court for a preliminary injunction to preserve the status quo of the subject swimming pool construction project pending the determination of this appeal. The subject swimming pool project is now complete, as a valid variance and building permit was issued by the Zoning Board of Appeals of the Town/Village of Harrison after the Supreme Court granted the petition (

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