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MATTER OF SCARPATI v. FERIOLA

8 A.D.2d 111 (1959)

In the Matter of John Scarpati et al., Petitioners, v. Ralph Feriola et al., Constituting The Zoning Board of Appeals of the City of Yonkers, Respondents. Anna La Rocca et al., Intervenors-Respondents

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

May 18, 1959.

Attorney(s) appearing for the Case

Morton N. Wekstein for petitioners.

J. Raymond Hannon, Corporation Counsel, for respondents.

Heyman Rothbart, Mortimer M. Rothstein and Irwin Panken for Anna La Rocca and others, intervenors-respondents.

Samuel Grad for Tuckahoe Terrace Cooperative, Inc., intervenor-respondent.

MURPHY, HALLINAN and KLEINFELD, JJ., concur with BELDOCK, J.; NOLAN, P. J., dissents and votes to annul the determination and to remit the matter to the Zoning Board of Appeals of the City of Yonkers, with directions to reverse the decision of the Superintendent of Buildings of the City of Yonkers, in opinion.

BELDOCK, J.

The facts are undisputed.

On July 6, 1953 the owners of a parcel of land on the southeast corner of Bronxville and Tuckahoe Roads in Yonkers filed plans for the erection of a 72-family, 6-story apartment building. The zoning ordinance then in effect placed this property in an "A-2" district, wherein high density apartment houses were a permitted use.

On September 14, 1953 a new zoning...

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