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MATTER OF HARTFORD/NORTH BAILEY HOMEOWNERS ASSOCIATION v. ZONING BOARD OF APPEALS OF THE TOWN OF AMHERST

63 A.D.3d 1721 (2009)

881 N.Y.S.2d 265

In the Matter of HARTFORD/NORTH BAILEY HOMEOWNERS ASSOCIATION, by Frank S. Pasztor, its President, Appellant, v. ZONING BOARD OF APPEALS OF THE TOWN OF AMHERST et al., Respondents. (Proceeding No. 1.) In the Matter of HARTFORD/ NORTH BAILEY HOMEOWNERS ASSOCIATION, by Frank S. Pasztor, its President, Appellant, v. PLANNING BOARD OF THE TOWN OF AMHERST et al., Respondents. (Proceeding No. 2.)

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

Decided June 12, 2009.

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

Memorandum: Petitioner commenced these consolidated CPLR article 78 proceedings seeking, inter alia, to annul the determination of the Zoning Board of Appeals of the Town of Amherst (ZBA), a respondent in proceeding No. 1, issuing a negative declaration pursuant to article 8 of the Environmental Conservation Law (State Environmental Quality Review Act [SEQRA]) and granting...

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