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MATTER OF BELCLAIRE HOLDING CORP. v. KLINGHER

28 A.D.2d 689 (1967)

In the Matter of Belclaire Holding Corp., Respondent, v. Melvin Klingher et al., Constituting The Planning Board of the Town of Ramapo, et al., Appellants

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

June 12, 1967

A new zoning ordinance became effective after the date of the judgment herein (Town of Ramapo Comprehensive Building Zone Amended Ordinance of 1966, eff. Jan. 24, 1967). The general rule is that an appellate court will decide an issue under the law as it exists on the date of the appeal (Matter of Boardwalk & Seashore Corp. v. Murdock, 286 N.Y. 494; Matter of Dengeles v. Young, 3 A.D.2d 758). Here, however, the resolution...

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