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MATTER OF OLNEY v. TOWN OF BARRINGTON

238 CA 17-01759.

162 A.D.3d 1610 (2018)

80 N.Y.S.3d 563

2018 NY Slip Op 04454

In the Matter of Seth M. Olney, Doing Business as The Olney Place, Respondent, v. Town of Barrington et al., Appellants, and Donald Banzhaf et al., Intervenors-Appellants.

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

Decided June 15, 2018.

It is hereby ordered that the judgment so appealed from is unanimously vacated and the appeals are dismissed without costs.

Memorandum: Respondents-defendants and intervenors-respondents-defendants (collectively, defendants) appeal from a judgment that purports to declare the rights of the parties in a longstanding zoning dispute regarding the right of petitioner-plaintiff (plaintiff) to serve alcohol in his store. Defendants...

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