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MATTER OF SCHROEDER v. KREUTER

206 Misc. 198 (1954)

In the Matter of Richard L. Schroeder et al., Petitioners, v. Thomas D. Kreuter et al., as Members of The Board of Appeals of the City of New Rochelle, Respondents.

Supreme Court, Special Term, Westchester County.

May 7, 1954.

Attorney(s) appearing for the Case

Benjamin Burstein for petitioners.

Murray C. Fuerst, Corporation Counsel (John A. Bodmer of counsel), for respondents.

Dunlop, Otto & McGovern for Leonard Markel and others, interveners-respondents.

EAGER, J.

This is an article 78 proceeding to review and annul the determination and resolution of the board of appeals of the City of New Rochelle which granted permission to conduct a beach club upon particular premises situate in a residential district.

There is the question preliminarily raised as to whether the proceeding is to be forthwith transferred to the Appellate Division pursuant to the provisions...

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