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MATTER OF DE MARCO v. FITZGERALD

11 N.Y.2d 775 (1962)

In the Matter of Anthony De Marco et al., Appellants, v. Joseph E. Fitzgerald et al., Constituting the Zoning Board of Appeals of the Incorporated Village of Manorhaven, Respondents.

Court of Appeals of the State of New York.

Decided March 1, 1962.

Attorney(s) appearing for the Case

Jack H. Hantman for appellants.

John E. Kane for respondents.

Concur: Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judge DYE dissent and vote to affirm for the reasons stated in the memorandum opinion of the Appellate Division.

Order of Appellate Division reversed and that of Special Term reinstated, with costs in this court and in the Appellate Division, in the following memorandum: The order of the Appellate Division should be reversed and that of Special Term reinstated, with costs in this court and in the Appellate Division. The only questions of substance relate to whether the area and setback restrictions in the zoning ordinance were violated. Whether...

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