MATTER OF FICHERA v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

1512 CA 16-02212.

159 A.D.3d 1493 (2018)

74 N.Y.S.3d 422

2018 NY Slip Op 01843

In the Matter of VIRGINIA M. FICHERA, PH.D., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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 denying those parts of the motion and cross motion seeking dismissal of the third cause of action and reinstating that cause of action, and by granting the relief sought in the third cause of action, thus vacating the determinations of respondent Zoning Board of Appeals of Town of Sterling granting the area variance and amended area variance, and as modified the judgment is affirmed...

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