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Mulhern v. Town of Mount Pleasant Zoning Board of Appeals
Citations: 270 A.D.2d 423; 704 N.Y.S.2d 888; 2000 N.Y. App. Div. LEXIS 3051
Court: Appellate Division of the Supreme Court of the State of New York; March 19, 2000; New York; State Appellate Court
In a CPLR article 78 proceeding to review the Town of Mount Pleasant Zoning Board of Appeals' determination dated August 13, 1998, which denied John Coolen's application for an area variance as unnecessary, the Supreme Court of Westchester County (Judge Zambelli) issued an order on March 26, 1999. This order granted the petition, annulled the Zoning Board's determination, and remitted the case back to the Board for further proceedings. The appeal against this order is dismissed, with no costs or disbursements awarded. It is noted that no appeal lies as of right from an order made in a CPLR article 78 proceeding, and leave to appeal was not granted. The judges concurred in this decision.