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DI PAOLA v. REILLY

22 A.D.2d 910 (1964)

Andrew J. Di Paola et al., Constituting The Board of Appeals of the City of Glen Cove, Respondents, v. Joseph M. Reilly et al., Constituting The Common Council of the City of Glen Cove, Appellants

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

December 21, 1964

Order reversed on the law, without costs, and petition dismissed, without costs. No questions of fact were presented or considered.

We may assume, without deciding, that the court below was correct in holding that article 4, section 12 of the Building Zone Ordinance of the City of Glen Cove (relating to the city's Board of Appeals) was inconsistent with section 81 of the General City Law, in that the ordinance provided that one member of the Board of Appeals "shall...

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