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IN THE MATTER OF NORTHERN DUTCHESS ROD AND GUN CLUB, INC. v. TOWN OF RHINEBECK

29 A.D.3d 587 (2006)

814 N.Y.S.2d 691

In the Matter of NORTHERN DUTCHESS ROD AND GUN CLUB, INC., Respondent, v. TOWN OF RHINEBECK et al., Appellants.

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

May 2, 2006.

Ordered that the judgment is modified, on the law, by adding a provision thereto remitting the matter to the Town of Rhinebeck Zoning Board of Appeals for a new determination in accordance herewith; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, and the order is modified accordingly; and it is further,

Ordered that the appeal from the order is dismissed as academic, without costs or disbursements.

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