Judgment modified, on the law and the facts, by striking out the first decretal paragraph, which dismissed the complaint, and substituting therefor a provision declaring that the Building Zone Ordinance of the Incorporated Village of Upper Brookville is not unconstitutional as applied to the subject property as a whole. As so modified, judgment affirmed, without costs.
In our opinion, the Building Zone Ordinance is not unconstitutional as applied to the subject property...
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