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MATTER OF SARATOGA COUNTY ECONOMIC OPPORTUNITY COUNCIL, INC. v. VILLAGE OF BALLSTON SPA ZONING BD. OF APPEALS

516536.

2013 NY Slip Op 08177

IN THE MATTER OF SARATOGA COUNTY ECONOMIC OPPORTUNITY COUNCIL, INC., Respondent, v. VILLAGE OF BALLSTON SPA ZONING BOARD OF APPEALS, Appellant.

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

Decided December 5, 2013.

Attorney(s) appearing for the Case

James A. Fauci , Ballston Spa, for appellant.

Miller, Mannix, Schachner & Hafner, LLC, Glens Falls ( Mark Schachner of counsel), for respondent.

Before: Stein, J.P., McCarthy, Spain and Garry, JJ.

Appeal from a judgment of the Supreme Court (Chauvin, J.), entered January 7, 2013 in Saratoga County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent finding that petitioner was not excepted from certain zoning requirements.

MEMORANDUM AND ORDER

SPAIN, J.

Petitioner is a not-for-profit organization that provides a variety of programs and services, many federally funded,...

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