MATTER OF FRANTELLIZZI v. HERMAN


1 A.D.2d 980 (1956)

In the Matter of Dominick Frantellizzi et al., Appellants, v. Harold P. Herman et al., Constituting The Town Board of the Town of Hempstead, Respondents

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

April 30, 1956


Order reversed, with $10 costs and disbursements, and cross motion denied, with leave to respondents to serve an answer to the petition within 20 days after the entry of the order hereon.

Respondents' determination upon the application for a special exception involves an exercise of judgment or discretion (Civ. Prac. Act, § 1284) and is reviewable in a proceeding under article 78. (Matter of Lerner v. Young, 286 App. Div. 1109, motion for leave to appeal...

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