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MATTER OF BARR v. MICHAELIS

40 Misc.2d 968 (1963)

In the Matter of Arthur Barr, Petitioner, v. Walter G. Michaelis et al., Constituting the Board of Zoning Appeals of the Town of Hempstead, et al., Respondents.

Supreme Court, Special Term, Nassau County.

November 14, 1963

Attorney(s) appearing for the Case

Hilton Soba for petitioner. John A. Morhous, Town Attorney (Joel S. Kaplan of counsel), for Walter G. Michaelis and others, respondents. Meyer F. Goodman for Merrick Estates Civic Association, Inc., respondent.

MARIO PITTONI, J.

Although labeled an application for an order pursuant to article 78 of the Civil Practice Act, this proceeding, which was commenced by the service of the petition after September 1, 1963, will be considered as a petition for a judgment pursuant to article 78 of the Civil Practice Law and Rules.

The papers submitted disclose that on July 10, 1963 the respondent Board of Zoning Appeals granted: (1) a "special exception" permitting...

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