MATTER OF LAKE MAHOPAC HEIGHTS, INC. v. ZONING BD. OF APPEALS OF TOWN OF CARMEL


278 A.D. 779 (1951)

In the Matter of Lake Mahopac Heights, Inc., et al., Appellants, v. Zoning Board of Appeals of the Town of Carmel et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 16, 1951.


In our opinion the papers served upon respondents more than eight days before the return day, although irregular and defective, sufficiently advised respondents of the relief sought by appellants, to review the decision of the board of appeals, and such irregularity and defect should be disregarded. (Civ. Prac. Act, §§ 105, 111; Matter of Barns v. Osborne, 286 N.Y. 403, 405; People ex rel. Staten Island R. T. Ry. Co. v. Taylor, 247 App. Div. 405, 408...

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