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MATTER OF IRACI v. HARWOOD

6 A.D.2d 815 (1958)

In the Matter of Doria E. Iraci, Appellant, v. Thomas J. Harwood et al., Constituting The Town Board of the Town of Islip, Respondents. Espal Construction Corp., Intervenor-Respondent

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

June 16, 1958

Order unanimously affirmed, without costs.

The action of the board herein was legislative in nature and therefore not reviewable in an article 78 proceeding (Rodgers v. Village of Tarrytown, 302 N.Y. 115, 121; Matter of Neddo v. Schrade, 270 N.Y. 97; Matter of Buckley v. Fasbender, 275 App. Div. 853; 2 Rathkopf on Law of Zoning & Planning [3d ed.]...

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