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KOFFMAN v. TOWN OF VESTAL

18 N.Y.2d 855 (1966)

Burton I. Koffman et al., Appellants, v. Town of Vestal et al., Respondents.

Court of Appeals of the State of New York.

Decided November 22, 1966.

Attorney(s) appearing for the Case

Samuel K. Levene for appellants.

Phillip G. Billings for respondents.

Concur: Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI and BERGAN. Judges VAN VOORHIS and KEATING dissent and vote to reverse in the following memorandum.

Order affirmed, with costs, upon the Per Curiam opinion at the Appellate Division.

VAN VOORHIS and KEATING, JJ. (dissenting).

The question boils down to whether the town ordinance has any reasonable relation to the health, morals, safety and welfare of the community. In this respect we have already upheld zoning ordinances which are really directed at esthetic values. But it seems to us that, in regulating the right to erect...

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