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MATTER OF CONCORDIA COLLEGIATE INST. v. DUKE

29 A.D.2d 989 (1968)

In the Matter of Concordia Collegiate Institute, Respondent, v. William Duke, III, et al., Constituting The Planning Commission of the Village of Bronxville, Appellants, and Kenneth C. Quencer et al., Intervenors-Appellants

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

April 29, 1968

Judgment affirmed insofar as appealed from, with one bill of costs, payable jointly by appellants filing separate briefs.

This proceeding was brought and litigated by all parties at Special Term on the assumption that section 179-k of the Village Law is applicable; and the appeal has been briefed by all parties on that same assumption. We have considered and determined this appeal solely upon the issues so raised and litigated at Special Term and on appeal to this...

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