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MATTER OF DIETRICH v. PLANNING BD. OF TOWN OF W. SENECA

508 CA 13-01765.

118 A.D.3d 1419 (2014)

988 N.Y.S.2d 760

2014 NY Slip Op 4609

In the Matter of CRAIG R. DIETRICH, Respondent, v. PLANNING BOARD OF TOWN OF WEST SENECA et al., Appellants.

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

Decided June 20, 2014.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: In this proceeding pursuant to CPLR article 78, respondents appeal from a judgment that, inter alia, vacated and annulled the determination denying petitioner's site plan request to construct an all-terrain vehicle (ATV) track on his property. Respondents contend that Supreme Court erred in concluding that respondents...

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