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MATTER OF EMMERLING v. TOWN OF RICHMOND ZONING BOARD OF APPEALS

CA 09-01053.

67 A.D.3d 1467 (2009)

888 N.Y.S.2d 703

2009 NY Slip Op 08650

In the Matter of CRAIG EMMERLING et al., Appellants, v. TOWN OF RICHMOND ZONING BOARD OF APPEALS et al., Respondents.

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

Decided November 20, 2009.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the petition is granted in part and the determination is annulled.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination of respondent Town of Richmond Zoning Board of Appeals (ZBA) that a site plan review by the Town of Richmond Planning Board (Planning Board) was required before petitioners would be...

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