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MTR. OF WILTWYCK SCH. v. HILL

14 A.D.2d 198 (1961)

In the Matter of Wiltwyck School for Boys, Inc., Appellant, v. Theodore Hill, Jr., et al., Constituting The Zoning Board of Appeals of the Town of Yorktown, Respondents In the Matter of Wiltwyck School for Boys, Inc., Appellant, v. Lester A. Perry, Building Inspector of The Town of Yorktown, Respondent

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

July 14, 1961.

Attorney(s) appearing for the Case

Harry G. Liese and Thomas A. Liese for appellant.

Harold Riegelman, H. H. Nordlinger, Simon J. Hauser and Donald J. Rapson for respondents.

Lowenstein, Pitcher, Hotchkiss, Amann & Parr (Henry G. Hotchkiss of counsel), for Federation of Protestant Welfare Agencies, amicus curiæ in support of appellant's position.

Shad Polier for Citizens Committee for Children of N. Y., Inc., amicus curiæ in support of appellant's position.

Louis J. Lefkowitz, Attorney-General (Paxton Blair and Ruth Kessler Toch of counsel), for State of New York, amicus curiæ in support of appellant's position.

NOLAN, P. J., BELDOCK, CHRIST and BRENNAN, JJ., concur in Per Curiam opinion; KLEINFELD, J., dissents and votes to reverse both orders, to annul the determination of the Zoning Board and the decision of the building inspector, and to direct the issuance of a building permit to petitioner.

Per Curiam.

In a proceeding by petitioner, Wiltwyck School for Boys, Inc., pursuant to statute (Town Law, § 267; Civ. Prac. Act, art. 78), to review and annul the determination of the respondents, the Zoning Board of Appeals of the Town of Yorktown, which affirmed the local building inspector's decision denying a building permit to petitioner whose land is in a residential

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