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MATTER OF TOWERS v. WEISS

2013-08266

131 A.D.3d 621 (2015)

14 N.Y.S.3d 918

2015 NY Slip Op 06598

In the Matter of MICHAEL T. TOWERS, Petitioner, v. DAVID P. WEISS, Chairman, et al., Respondents.

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

Decided August 19, 2015.

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

The Supreme Court should have disposed of this proceeding on the merits instead of transferring it to this Court pursuant to CPLR 7804 (g) (see Matter of Matejko v Board of Zoning Appeals of Town of Brookhaven, 77 A.D.3d 949, 949 [2010]; Matter of...

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