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MATTER OF MONT GARDENS, INC. v. SUFFOLK COUNTY DEP'T OF HEALTH

24 A.D.2d 599 (1965)

In the Matter of Mont Gardens, Inc., Respondent, v. Suffolk County Department of Health et al., Appellants

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

July 12, 1965

Order reversed on the law, without costs, and proceeding remitted to the Special Term for further proceedings not inconsistent herewith. No questions of fact were considered.

The Special Term Justice predicated his decision upon a prior holding by another Special Term in another case (Co-Pilot Enterprises v. Suffolk County Dept. of Health, 38 Misc.2d 894). Petitioner, on this appeal, urges that such prior holding must...

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