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IN THE MATTER OF OAKS v. TOWN OF PHELPS

55 A.D.3d 1257 (2008)

864 N.Y.S.2d 579

In the Matter of ROBERT OAKS, Appellant, et al., Petitioners, v. TOWN OF PHELPS et al., Respondents.

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

October 3, 2008.

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

Memorandum:

Robert Oaks (petitioner), the owner of property located approximately one-half mile from a speedway owned by respondent Gary J. Palone, appeals from a judgment dismissing a CPLR article 78 petition seeking to annul the determination of respondent Zoning Board of Appeals granting Palone's application for a use variance. Pursuant to that variance, Palone...

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