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MATTER OF BENDERSON DEV. CO., LLC v. ZONING BD. OF APPEALS OF CITY OF UTICA

1663 CA 09-01457

68 A.D.3d 1814 (2009)

2009 NY Slip Op 9929

891 N.Y.S.2d 792

In the Matter of BENDERSON DEVELOPMENT COMPANY, LLC, Respondent, v. ZONING BOARD OF APPEALS OF CITY OF UTICA, Respondent, and KESSEL BRENT CORPORATION, Appellant.

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

Decided December 30, 2009.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Oneida County, for further proceedings on the petition in accordance with the following memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination of respondent Zoning Board of Appeals of the City of Utica (ZBA) approving "the request for the appeal of the decision of the Planning Board...

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