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MATTER OF GENSER v. BOARD OF ZONING AND APPEALS OF TOWN OF NORTH HEMPSTEAD

65 A.D.3d 1144 (2009)

885 N.Y.S.2d 327

In the Matter of ROBERT E. GENSER et al., Respondents, v. BOARD OF ZONING AND APPEALS OF TOWN OF NORTH HEMPSTEAD, Also Known as BOARD OF ZONING APPEALS OF TOWN OF NORTH HEMPSTEAD et al., Appellants.

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

Decided September 15, 2009.

Ordered that the judgment is reversed, on the law, with costs, the petition for relief pursuant to CPLR article 78 is denied, the determination is confirmed, the cause of action for relief pursuant to CPLR article 78 is dismissed on the merits, and the petitioners-plaintiffs' second cause of action is severed.

On December 15, 2005, the Nassau County Planning Commission approved the application of the petitioner-plaintiff...

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