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MATTER OF SCHACHTER v. BURNS

24 Misc.2d 60 (1960)

In the Matter of Oscar Schachter et al., Petitioners, v. John J. Burns et al., Constituting the Town Board of the Town of Oyster Bay, Respondents.

Supreme Court, Special Term, Nassau County.

August 3, 1960.

Attorney(s) appearing for the Case

Matthew P. Brady for petitioners. Elmer S. Lane and Bernard McCaffrey for respondents.

MARIO PITTONI, J.

In a proceeding under article 78 of the Civil Practice Act the respondents move pursuant to section 1293 of the Civil Practice Act to dismiss the petition as insufficient.

An examination of the petition reveals that property adjacent to that owned by the petitioners was in a Residence "D" building zone district prior to December 17, 1957, but on that date the zone was changed to a Business "F" district. On December 19, 1957 the...

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