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MATTER OF GASPARINO v. TOWN OF BRIGHTON ZONING BD. OF APPEALS

755 CA 20-00820.

199 A.D.3d 1351 (2021)

154 N.Y.S.3d 531

2021 NY Slip Op 06239

In the Matter of Joseph Gasparino et al., Respondents, v. Town of Brighton Zoning Board of Appeals, Appellant, et al., Respondents.

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

Decided November 12, 2021.

Attorney(s) appearing for the Case

WEAVER MANCUSO BRIGHTMAN PLLC, ROCHESTER ( JOHN A. MANCUSO OF COUNSEL), FOR RESPONDENT-APPELLANT.

THE ZOGHLIN GROUP, PLLC, ROCHESTER ( JACOB H. ZOGHLIN OF COUNSEL), FOR PETITIONERS-RESPONDENTS.

Present—Smith, J.P., Peradotto, Curran, Bannister and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Respondent Town of Brighton Zoning Board of Appeals (ZBA) appeals from a judgment in a proceeding pursuant to CPLR article 78. The judgment granted the petition and annulled the ZBA's determination granting the application of respondents Edward Hall and Patricia Hall (applicants) for an area variance, which they sought...

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