Petrocci v. Zoning Board of Appeals of Camillus

Determination unanimously confirmed, without costs. Memorandum: Since this ■ article 78 proceeding seeks review of the determination of a Town Zoning Board of Appeals, Special Term should have disposed of the matter on the merits instead of transferring it to this court (Town Law, § 267, subd. 7; Anderson, Zoning Law and Practice in New York State [1963 ed.] § 22.10). Nevertheless, the matter having been argued before us, in the interest of expedition we entertain and decide it (Matter of Circle Cts. v. Lane, 29 A D 2d 620). In September, 1970 a special use permit was granted to petitioners…