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MATTER OF J & M HARRIMAN HOLDING CORP. v. ZONING BOARD OF APPEALS OF VILLAGE OF HARRIMAN

62 A.D.3d 705 (2009)

879 N.Y.S.2d 494

In the Matter of J & M HARRIMAN HOLDING CORP., Appellant, v. ZONING BOARD OF APPEALS OF VILLAGE OF HARRIMAN et al., Respondents, et al., Respondent.

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

Decided May 5, 2009.

Ordered that the judgment is reversed, on the law, with costs, the petition is granted, the determination is annulled, and the application for a building permit to install a 48-foot-by-20-foot fence is denied.

The Supreme Court found that the petitioner lacked standing to challenge the determination of the Zoning Board of Appeals of the Village of Harriman (hereinafter ZBA) upholding the issuance of a building permit to install a fence for an automobile holding area...

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