MATTER OF BARTZ v. VILLAGE OF LEROY

14 CA 17-01077.

159 A.D.3d 1338 (2018)

73 N.Y.S.3d 807

2018 NY Slip Op 01704

In the Matter of RANDOLPH BARTZ et al., Appellants, v. VILLAGE OF LEROY et al., Respondents, et al., Defendant.

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

Decided March 16, 2018.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by granting that part of the amended petition/complaint that sought to annul the determination of respondent-defendant Zoning Board of Appeals of LeRoy affirming the issuance of a building permit for a duplex on lot 18, Fillmore Street, tax map No. 14.-1-116 and granting judgment in favor of petitioners-plaintiffs as follows:

It is adjudged and declared that new duplexes may...

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