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MATTER OF TOWN BD. OF THE TOWN OF HUNTINGTON v. PLONSKI

10 N.Y.2d 1035 (1962)

In the Matter of the Town Board of the Town of Huntington, Respondent-Appellant, v. Joseph P. Plonski et al., Constituting the Zoning Board of Appeals of the Town of Huntington, Respondents, and Greenlawn Shopping Center, Inc., et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided January 11, 1962.

Attorney(s) appearing for the Case

Arthur A. Kaye and Charles T. Matthews for Greenlawn Shopping Center, Inc., appellant-respondent.

Charles Hammond and David L. Glickman for Fred W. Bartels, appellant-respondent.

Richard C. Cahn and Irving Cahn for Town Board of the Town of Huntington, respondent-appellant.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER. Dissent: Judge FROESSEL.

Order affirmed, without costs; no opinion.

Judge FROESSEL dissents in the following memorandum: I dissent. Following the argument of the appeal in this court on November 16, 1961 — at which time the 1960 amendment to the zoning ordinance was challenged for lack of proper notice and opportunity to be heard — there were submitted to us excerpts taken from the Town Board minutes of the November 28...

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