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CALLANAN RD. IMPROVEMENT CO. v. TOWN OF NEWBURGH

5 A.D.2d 1003 (1958)

Callanan Road Improvement Company, Respondent, v. Town of Newburgh et al., Appellants

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

April 21, 1958

Order and judgment unanimously affirmed, with $10 costs and disbursements.

The zoning amendment was not adopted in conformity with the provisions of section 264 of the Town Law in that the amendment was substantially different from the proposed amendment as set forth in the notice of hearing which was given prior to the enactment of the amendment (cf. Village of Mill Neck v. Nolan, 259 N.Y. 596; Village of Sands Point v. Sands Point Country Day School

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