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MATTER OF SCHWEICHLER, D.D.S. v. VILLAGE OF CALEDONIA

45 A.D.3d 1281 (2007)

845 N.Y.S.2d 901

In the Matter of LAURENCE P. SCHWEICHLER, D.D.S., Appellant, v. VILLAGE OF CALEDONIA et al., Respondents, et al., Respondents.

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

Decided November 9, 2007.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the second amended and supplemental petition is granted in part by annulling the determination approving the site plan in question and any resubdivision and the matter is remitted to respondent Village of Caledonia Planning Board for further proceedings in accordance with the following memorandum: Petitioner commenced this hybrid CPLR article 78...

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