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CITY OF WHITE PLAINS v. FERRAIOLI

34 N.Y.2d 300 (1974)

City of White Plains, Respondent, v. Gennaro Ferraioli et al., Appellants.

Court of Appeals of the State of New York.

Decided June 12, 1974.

Attorney(s) appearing for the Case

Saul L. Sherman and Thomas A. Greene for appellants.

John F. Holden, Jr., Corporation Counsel (Anthony J. Grant of counsel), for respondent.

Louis W. Bauman for The Jewish Board of Guardians, amicus curiae.

Robert H. Mulreany and Robert L. Duncan, Jr. for Federation of Protestant Welfare Agencies, amicus curiae.

Frederick J. Magovern for Council of Voluntary Child Care Agencies, amicus curiae.

Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS concur; Judge RABIN taking no part.

Chief Judge BREITEL.

In an action by the City of White Plains to enforce its zoning ordinance and enjoin use of a single-family house as a "group home" for 10 foster children, defendants, Abbott House, Inc. and the owners of the house, appeal. Abbott House, a private agency licensed by the State to care for neglected and abandoned children, leases the house in an "R-2" single-family zone. The city contends that...

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