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MATTER OF VARVERIS v. DIETZ

283 A.D.2d 435 (2001)

723 N.Y.S.2d 877

In the Matter of MANUEL VARVERIS, Respondent, v. LOUIS DIETZ, as Chairman of the Planning Board of the Village of Lindenhurst, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 7, 2001.

Ordered that on the Court's own motion, the notice of appeal is deemed an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.

The Supreme Court erred in annulling the determination of the Planning Board of the Village of Lindenhurst (hereinafter...

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