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MATTER OF McFADDEN v. TOWN OF WESTMORELAND ZONING BOARD.

728 CA 18-01753.

175 A.D.3d 1098 (2019)

107 N.Y.S.3d 802

2019 NY Slip Op 06348

In the Matter of Milburn McFadden et al., Appellants, v. Town of Westmoreland Zoning Board, Respondent.

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

Decided August 22, 2019.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul respondent's determination granting petitioners' application for a use variance permitting them to lease a portion of their property to a third party for the operation of a dog training business. Petitioners contended that respondent acted improperly...

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