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GOSIER v. AUBERTINE

1659 CA 08-01932

71 A.D.3d 76 (2009)

891 N.Y.S.2d 788

In the Matter of GUY E. GOSIER et al., Respondents, v. SCOTT G. AUBERTINE et al., Individually and as Members of Town Board of Town of Lyme, Appellants.

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

Decided December 30, 2009.

Attorney(s) appearing for the Case

Hrabchak, Gebo & Langone, P.C., Watertown ( Mark G. Gebo of counsel), for appellants.

James A. Gosier, P.C., Syracuse ( James A. Gosier of counsel), for respondents.

SCUDDER, P.J., HURLBUTT and SMITH, JJ., concur.

OPINION OF THE COURT

CENTRA, J.

Petitioners commenced this CPLR article 78 proceeding seeking to annul the determination rejecting a protest petition with respect to a proposed amendment to the Zoning Ordinance of the Town of Lyme (Zoning Ordinance). The narrow issue raised on this appeal is whether, under Town Law § 265 (1) (a), the signature of only one spouse with respect to property held as tenants by the entirety is sufficient for the property...

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