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MATTER OF POPLAR HILL, INC. v. TOWN OF CLARENCE ZONING BOARD OF APPEALS

50 A.D.3d 1584 (2008)

856 N.Y.S.2d 426

In the Matter of POPLAR HILL, INC., et al., Respondents, v. TOWN OF CLARENCE ZONING BOARD OF APPEALS, Respondent, and JAMES CECCHINI et al., Appellants.

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

Decided April 25, 2008.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum:

Supreme Court erred in granting the petition in this CPLR article 78 proceeding seeking to annul the determination of respondent, Town of Clarence Zoning Board of Appeals (Board), denying petitioners' application for an area variance. The Board has broad discretion in...

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