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MATTER OF McLIESH v. TOWN OF WESTERN

1389 CA 09-00879

68 A.D.3d 1675 (2009)

2009 NY Slip Op 9761

891 N.Y.S.2d 825

In the Matter of ALBERT P. McLIESH, Jr., Respondent, v. TOWN OF WESTERN et al., Respondents, and JAMES MARQUETTE et al., Appellants.

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

Decided December 30, 2009.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the second decretal paragraph and as modified the judgment is affirmed without costs, and the matter is remitted to respondent Town of Western Zoning Board of Appeals for further proceedings in accordance with the following memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination...

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