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MATTER OF MANDELBAUM v. SAHM

1 A.D.2d 841 (1956)

In the Matter of Herbert Mandelbaum, Appellant, v. Henry A. Sahm, as Supervisor of The Town of North Hempstead, et al., Respondents

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

February 20, 1956

Order affirmed, without costs.

No opinion.

Murphy, J., dissents and votes to reverse the order and to grant the application to annul the determination of the zoning board, with the following memorandum:

The applicant invoked, and the board granted, the proposed use as a conditional one within the purview of section 102.2½ of the ordinance. That section is inapplicable as the proposed use is not one for "storage and sale of materials...

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