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MATTER OF B & G CONSTR. CORP. v. BD. OF APPEALS OF VILL. OF AMITYVILLE

284 A.D. 970 (1954)

In the Matter of B & G Construction Corp. et al., Respondents, v. Board of Appeals of the Village of Amityville et al., Appellants

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

November 8, 1954.

Order affirmed, with $10 costs and disbursements. No opinion. Appeal from decision dismissed. No separate appeal lies from a decision.

Nolan, P. J., dissents and votes to reverse the order of the Special Term, with the following memorandum:

If in fact, as appellants have determined, the building permits were issued for the erection of a structure to be used in violation of the zoning ordinance, respondents acquired no vested rights therein and...

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