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IN THE MATTER OF UNITED WATER NEW ROCHELLE, INC. v. KING

18 A.D.3d 763 (2005)

795 N.Y.S.2d 692

In the Matter of UNITED WATER NEW ROCHELLE, INC., Appellant, v. JAMES R. KING, Respondent.

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

May 23, 2005.

Ordered that the judgment is modified, on the law, by deleting the provision thereof denying the petition and substituting therefor a provision granting the petition to the extent of annulling the determination and remitting the matter to the Building Inspector of the Town of Eastchester for a new determination on the merits of the petitioner's application for a building permit; as so modified, the judgment is affirmed; and it is further,

Ordered that the use variance...

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