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MATTER OF BALDUF v. MICHAELIS

29 Misc.2d 307 (1961)

In the Matter of Harold Balduf et al., Petitioners, v. Walter G. Michaelis et al., Constituting the Board of Zoning Appeals of the Town of Hempstead, Respondents.

Supreme Court, Special Term, Nassau County.

May 23, 1961

Attorney(s) appearing for the Case

John A. Morhous, Town Attorney (Robert M. Stein of counsel), for respondents. John J. Hayes, Jr., for petitioners.

BERNARD S. MEYER, J.

Respondent Board of Zoning Appeals moves to dismiss the petition in this article 78 proceeding for insufficiency. Petitioners are owners of properties adjoining or close to a night club. The property on which the night club is situated is zoned Business X as to 100 feet of its depth, and Residence B as to the remaining 50 feet of its depth. The owner and operator of the night club also owns an adjoining residential parcel. Application...

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