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MATTER OF MARY T. PROBST FAMILY TRUST v. ZONING BOARD OF APPEALS OF TOWN OF HORICON

509845.

79 A.D.3d 1427 (2010)

913 N.Y.S.2d 813

In the Matter of MARY T. PROBST FAMILY TRUST, Alice Altieri, as Trustee, Appellant, v. ZONING BOARD OF APPEALS OF TOWN OF HORICON, Respondent.

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

Decided December 16, 2010.

LAHTINEN, J.

Petitioner is the owner of property in the Town of Horicon, Warren County and sought to build a one-bedroom cottage upon it where a garage now stands. Its application for a building permit was denied on the ground that the cottage would violate setback requirements established by the Town's zoning ordinance. Petitioner applied for an area variance and, following respondent's denial of that application, commenced this CPLR article 78 proceeding. Supreme...

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