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IN THE MATTER OF MACK v. BOARD OF APPEALS, TOWN OF HOMER

25 A.D.3d 977 (2006)

807 N.Y.S.2d 460

In the Matter of KENNETH MACK et al., Respondents, v. BOARD OF APPEALS, TOWN OF HOMER, Also Known as TOWN OF HOMER ZBA, et al., Respondents, and MICHAEL J. SWEENEY et al., Appellants.

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

January 19, 2006.

Kane, J.

Petitioners are homeowners in the Town of Homer, Cortland County in an area zoned for residential and agricultural uses. Respondents Michael J. Sweeney and Kelli L. Sweeney (hereinafter collectively referred to as respondents) purchased an adjacent lot which has an easement and right-of-way across petitioners' property as the only means of ingress and egress. Respondents sought a determination from the Town's code...

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