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MATTER OF GILBERT v. ENDRES

34 A.D.3d 1218 (2006)

824 N.Y.S.2d 696

In the Matter of C. THOMAS GILBERT et al., Petitioners, v. RALPH ENDRES et al., Constituting the Planning Board of Town of South Bristol, Respondents.

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

Decided November 17, 2006.

It is hereby ordered that said proceeding be and the same hereby is unanimously dismissed without costs.

Memorandum:

Petitioners commenced this CPLR article 78 proceeding seeking to annul the determination granting their neighbor a special use permit to hold an annual fall harvest festival on her property. The matter previously was transferred to this Court pursuant to CPLR 7804 (g), and we vacated the transfer order and remitted the matter to Supreme Court...

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