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  5. 21 N.Y.2d 393 (1968)
 

MTR. OF FIORE v. ZONING BD. OF APPEALS

21 N.Y.2d 393 (1968)

In the Matter of Salvatore I. Fiore et al., Respondents, v. Zoning Board of Appeals of the Town of Southeast, Respondent. Harry E. Aidt, Jr., et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided February 15, 1968.

Attorney(s) appearing for the Case

Nathaniel M. Sokolski and Lester D. Melzer for intervenors-appellants.

John A. Porco for Salvatore I. Fiore and others, respondents.

Charles H. Velardi for Zoning Board of Appeals of the Town of Southeast, respondent.

Chief Judge FULD and Judges BERGAN, KEATING and BREITEL concur with Judge BURKE; Judges SCILEPPI and JASEN dissent and vote to affirm.

BURKE, J.

This article 78 proceeding has been brought for an order declaring the determination of the Zoning Board of Appeals of the Town of Southeast granting the application of the intervenors-appellants for a variance to be null and void and setting the same aside and denying the application.

Petitioners-respondents are nearby residents who objected before the board to the application for this variance...

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