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MATTER OF 113 HILLSIDE AVE. CORP. v. ZAINO

30 A.D.2d 559 (1968)

In the Matter of 113 Hillside Avenue Corp., Respondent, v. Lawrence F. Zaino et al., Constituting The Board of Appeals of the Incorporated Village of Westbury, Appellants

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

May 20, 1968

Judgment reversed, on the law and in the exercise of discretion, without costs, and matter remitted to the appellant board for a new hearing, at which the proof may be considered in the light of the principles of law enunciated in Matter of Fulling v. Palumbo (21 N.Y.2d 30), which was decided on December 7, 1967, subsequent to the decision herein of the learned Special Term. No questions of fact were considered on this appeal.

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