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MATTER OF DAG LAUNDRY CORP. v. BOARD OF ZONING APPEALS OF TOWN OF NORTH HEMPSTEAD

2011-03542.

98 A.D.3d 740 (2012)

950 N.Y.S.2d 389

2012 NY Slip Op 6074

In the Matter of DAG LAUNDRY CORP. et al., Petitioners, v. BOARD OF ZONING APPEALS OF TOWN OF NORTH HEMPSTEAD, Respondent.

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

Decided August 29, 2012.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Initially, we note that, as the parties contend, the Supreme Court erred in transferring the proceeding to this Court pursuant to CPLR 7804(g) (see Matter of Navaretta v Town of Oyster Bay, 72 A.D.3d 823, 824 [2010]). Nevertheless, in the interest...

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