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MATTER OF McGINITY v. CHAVE

57 Misc.2d 836 (1968)

In the Matter of Mildred McGinity, Petitioner, v. W. Kenneth Chave et al., Constituting the Board of Zoning Appeals of the Town of Hempstead, Respondents.

Supreme Court, Special Term, Nassau County.

June 7, 1968

Attorney(s) appearing for the Case

Leo F. McGinity for petitioner. Howard E. Levitt, Town Attorney, for respondents.

FRANK A. GULOTTA, J.

This is an article 78 proceeding to compel the granting of a variance and the issuance of a building permit by respondents.

The facts are not in dispute. Petitioner owns two lots on Kensington Street, Lido Beach, in the Town of Hempstead. They have a frontage of 40 feet and a depth of 65 feet and thus an area of 2,600 square feet. At the time they were first sold as a building plot...

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