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MATTER OF ADAMS HOLDING CORP. v. SPITZ

17 A.D.2d 853 (1962)

In the Matter of Adams Holding Corporation et al., Respondents, v. J. George Spitz et al., Constituting The Common Council of the City of Poughkeepsie, Appellants

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

October 29, 1962

Order affirmed, with one bill of costs.

On April 21, 1958 the Common Council of the City of Poughkeepsie adopted an ordinance wherein it was authorized to grant permits to cut or lower curbs provided that (1) a traffic hazard would not be created; (2) the character of the area would not be changed; and (3) it would be in the interest of the public welfare. After a hearing the Common Council denied the petitioners' application for such a permit on August 4, 1958. For...

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