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MATTER OF FUCIGNA v. O'CONNOR

14 Misc.2d 698 (1958)

In the Matter of Joseph Fucigna, Petitioner, v. Cornelius O'Connor, as Manager of Building Department of Town of North Hempstead, Respondent.

Supreme Court, Special Term, Nassau County.

January 10, 1958.

Attorney(s) appearing for the Case

Edwards, Froehlich & McDonough (Francis B. Froehlich of counsel), for petitioner.

James L. Dowsey, Jr., Town Attorney (Edward P. Schroeder of counsel), for respondent.

MARIO PITTONI, J.

By this proceeding under article 78 of the Civil Practice Act, the petitioner seeks an order in the nature of a mandamus for the issuance of certain building permits, asserting that provisions of the Town of North Hempstead Zoning Ordinance dictating such refusal are, as to the petitioner's premises, arbitrary, unreasonable and unconstitutional.

The property involved has a frontage...

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