MTR. OF WALLSHEIN v. BURNS


14 Misc.2d 943 (1958)

In the Matter of S. Joseph Wallshein et al., Petitioners, v. John Burns et al., Constituting the Town Board of the Town of Oyster Bay, Respondents.

Supreme Court, Special Term, Nassau County.

September 18, 1958.


Attorney(s) appearing for the Case

Corso & Fertig for petitioners.

Michael J. Sullivan and Edward J. Poulos for respondents.


HOWARD T. HOGAN, J.

Petitioners have instituted a proceeding pursuant to article 78 of the Civil Practice Act to review the action of the respondent Town Board in denying them a special permit to operate a dentist's office in a residential zone. Respondents move to dismiss the petition on the ground that it was not served within the 30-day period provided by law. Subdivision 7 of section 267 of the Town Law provides that: "Any person or persons, jointly...

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