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MATTER OF TROIANO v. VOLZ

19 Misc.2d 953 (1959)

In the Matter of Joseph Troiano et al., Petitioners, v. Frank M. Volz et al., Constituting the Board of Appeals of the Town of Babylon, Respondents.

Supreme Court, Special Term, Suffolk County.

August 14, 1959.

Attorney(s) appearing for the Case

Mortimer Cohen for petitioners.

William T. Lauder for respondents.

FRED J. MUNDER, J.

In this proceeding under article 78 of the Civil Practice Act the petitioner seeks to annul a decision of the Zoning Board of Appeals denying his request for a variance of front yard requirements and for permission to erect an incinerator for the burning of paper.

The petitioner is in the business of refuse collection, the area of its operation being along the South Shore in the Towns of

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