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MATTER OF SMALLS v. BD. OF STANDARDS & APPEALS OF THE CITY OF NEW YORK

14 A.D.2d 548 (1961)

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

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

July 5, 1961

Order affirmed, without costs.

No opinion.

Kleinfeld and Christ, JJ., dissent and vote to reverse the order, to deny the motion to dismiss, and to grant the petition and to annul the board's determination, with the following memorandum:

In May, 1953, petitioner filed plans to convert her house from one-family to two-family occupancy: in June, 1953, these plans were approved. The house was then in a two-family house zone. Prior to September 17, 1953...

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