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, New York, Respondents.
In the Matter of Wiltwyck School for Boys, Inc., Appellant,
v.
Lester A. Perry, Building Inspector of the Town of Yorktown, State of New York, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued February 19, 1962.
Decided April 5, 1962.
Attorney(s) appearing for the Case
Harry G. Liese, Thomas A. Liese and Maurice Rosenberg for appellant.
Harold Riegelman, H. H. Nordlinger, Simon J. Hauser and Peter J. Mazola, Jr., for respondents.
Louis J. Lefkowitiz, Attorney-General (Ruth Kessler Toch and Paxton Blair of counsel), for State of New York, amicus curiæ.
Leo A. Larkin, Corporation Counsel (Rose Schneph and James J. Hurley of counsel), for City of New York, amicus curiæ.
Shad Polier for Citizens' Committee for Children of New York, Inc., amicus curiæ.
Henry G. Hotchkiss for Federation of Protestant Welfare Agencies, Inc., amicus curiæ.
Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER concur with Judge FROESSEL; Judge VAN VOORHIS dissents and votes to affirm.
Court of Appeals of the State of New York.
FROESSEL, J.
These appeals bring up for review two related cases. On November 12, 1958 "Wiltwyck School for Boys, Inc." (herein called appellant or Wiltwyck) contracted to purchase about 112 acres of land in an area zoned as residential in Yorktown, Westchester County, New York. By letter dated the same day, Lester A. Perry, building inspector of Yorktown, informed...
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