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MATTER OF KEARNEY v. VILLAGE OF COLD SPRING ZONING BOARD OF APPEALS

2010-00152, 2010-00367.

83 A.D.3d 711 (2011)

920 N.Y.S.2d 379

In the Matter of BRIAN KEARNEY et al., Respondents, v. VILLAGE OF COLD SPRING ZONING BOARD OF APPEALS, Appellant.

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

Decided April 5, 2011.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the order is vacated, the petition is denied, and the proceeding is dismissed on the merits; and it is further,

Ordered that one bill of costs is awarded to the appellant.

The appeal from the order must be dismissed, as no appeal lies as of right from an interlocutory order entered in a proceeding pursuant to a CPLR article 78...

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