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MATTER OF CALTAGIRONE v. ZONING BOARD OF APPEALS

49 A.D.3d 729 (2008)

852 N.Y.S.2d 850

In the Matter of PETER CALTAGIRONE et al., Appellants, v. ZONING BOARD OF APPEALS et al., Respondents.

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

Decided March 18, 2008.

Ordered that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

A person whose interest may be adversely affected by a potential judgment must be made a party in a CPLR article 78 proceeding (see CPLR 1001 [a]; Matter of Martin v Ronan, 47 N.Y.2d 486, 490 [1979]; Matter of Cybul v Village of Scarsdale, 17 A.D.3d 462

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