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MTR. OF SMALLS v. BD. OF STAND. & APPEALS

28 Misc.2d 147 (1961)

In the Matter of Mary Smalls, Petitioner, v. Board of Standards and Appeals of the City of New York et al., Respondents.

Supreme Court, Special Term, Kings County.

January 9, 1961

Attorney(s) appearing for the Case

Charles H. Tenney, Corporation Counsel, for respondents.

Leonard F. Rothkrug for petitioner.

BENJAMIN BRENNER, J.

Respondents move to vacate an order of certiorari, dismiss the petition and affirm the determination of the Board of Standards and Appeals.

The facts are not in dispute.

When petitioner filed plans on June 24, 1953 for alteration of the premises from single to two-family occupancy, approval by the Borough Superintendent of the Department of Buildings was proper since the...

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