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MATTER OF SMITH v. BD. OF STDS. & APPEALS

3 Misc.2d 245 (1955)

In the Matter of Harold Smith et al., Petitioners, v. Board of Standards and Appeals of the City of New York et al., Respondents, and Charles J. Bensley, Intervenor-Respondent.

Supreme Court, Special Term, Bronx County.

December 7, 1955.

Attorney(s) appearing for the Case

Sidney B. Levitt for petitioners.

Peter Campbell Brown, Corporation Counsel, for respondents.

Leon Liner for intervenor-respondent.

THOMAS A. AURELIO, J.

On this application the intervenor-respondent seeks an order dismissing the petition on the ground that the same is unverified, whereas, as set forth in the Administrative Code of the City of New York, a petition for certiorari is required to be verified.

The wording of the applicable statute, section 668e-1.0 of the Administrative Code, is that certain designated persons "may present...

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