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MATTER OF DEAN v. TOWN OF POLAND ZONING BD. OF APPEALS

65 CA 18-01432.

170 A.D.3d 1498 (2019)

94 N.Y.S.3d 505

2019 NY Slip Op 01891

In the Matter of Ned E. Dean, Jr., et al., Appellants, v. Town of Poland Zoning Board of Appeals et al., Respondent.

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

Decided March 15, 2019.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to respondent Town of Poland Zoning Board of Appeals for further proceedings in accordance with the following memorandum: Petitioners appeal from a judgment dismissing their CPLR article 78 petition, in which they sought to annul the determination of respondent Town of Poland Zoning Board of Appeals (ZBA) granting a use variance to the remaining respondents. "Generally, [f]indings...

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