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MATTER OF FOX v. TOWN OF GENEVA ZONING BD. OF APPEALS

786 CA 18-01304.

176 A.D.3d 1576 (2019)

110 N.Y.S.3d 169

2019 NY Slip Op 07160

In the Matter of Stephen Fox, Appellant, v. Town of Geneva Zoning Board of Appeals et al., Respondents. (Appeal No. 1.)

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

Decided October 4, 2019.

Attorney(s) appearing for the Case

WEAVER MANCUSO FRAME LLC, ROCHESTER ( JOHN A. MANCUSO OF COUNSEL), FOR PETITIONER-PLAINTIFF-APPELLANT.

BARTH SULLIVAN BEHR, SYRACUSE ( LAUREN MILLER OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-RESPONDENTS.

Present—Whalen, P.J., Centra, Peradotto, Lindley and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the first cause of action in the petition-complaint is granted.

Memorandum: Petitioner-plaintiff (petitioner) commenced this hybrid CPLR article 78 proceeding and action under 42 USC §§ 1983, 1985, and 1988 seeking, inter alia, to annul the determination of respondent-defendant Town of Geneva Zoning Board of Appeals (ZBA) affirming in part the order...

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