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MATTER OF YAEGER v. TOWN OF LOCKPORT PLANNING BOARD

62 A.D.3d 1250 (2009)

877 N.Y.S.2d 800

In the Matter of BRIAN YAEGER et al., Appellants, v. TOWN OF LOCKPORT PLANNING BOARD et al., Respondents.

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

Decided May 1, 2009.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, the petition is reinstated, and respondents are granted 20 days from service of the order of this Court with notice of entry to serve and file an answer.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul the determinations of respondents Town of Lockport Planning Board (Planning Board) and Town of Lockport...

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