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IN THE MATTER OF YAEGER v. TOWN OF LOCKPORT PLANNING BD.

CA 08-00283

2009 NY Slip Op 03564

IN THE MATTER OF BRIAN YAEGER AND BRUCE YAEGER, PETITIONERS-APPELLANTS, v. TOWN OF LOCKPORT PLANNING BOARD, TOWN OF LOCKPORT ZONING BOARD OF APPEALS, AND MCDONALD'S USA, LLC, RESPONDENTS-RESPONDENTS.

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

Decided May 1, 2009.

Attorney(s) appearing for the Case

DAVID J. SEEGER, BUFFALO, FOR PETITIONERS-APPELLANTS.

HOPKINS, GARAS & SORGI, PLLC, WILLIAMSVILLE (SEAN W. HOPKINS OF COUNSEL), FOR RESPONDENT-RESPONDENT MCDONALD'S USA, LLC.

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, GREEN, AND PINE, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, the petition is reinstated, and respondents are granted 20 days from service of the order of this Court with notice of entry to serve and file an answer.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul the determinations of respondents Town of Lockport Planning Board (Planning Board) and Town of Lockport...

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