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MATTER OF LINDER v. CHAVE

50 Misc.2d 392 (1966)

In the Matter of Bertha W. Linder, Petitioner, v. W. Kenneth Chave et al., Constituting the Board of Zoning Appeals of the Town of Hempstead, Respondents.

Supreme Court, Special Term, Nassau County.

May 13, 1966

Attorney(s) appearing for the Case

William S. Cohn for petitioner. John A. Morhous, Town Attorney, for respondents.

BERNARD S. MEYER, J.

This article 78 CPLR proceeding presents the question whether, in a fact situation similar to that in Riviere v. Town of Hempstead (40 Misc.2d 152), petitioner may obtain relief by way of variance or is limited to a declaratory judgment action. The proof before the board showed that petitioner owns four continguous lots (Lots 48, 49, 50 and 51, Section 35, Block 38), each 20 feet by 100...

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