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MATTER OF ABRAMS v. KERN

35 A.D.2d 971 (1970)

In the Matter of Louis Abrams, Respondent, v. Roy M. Kern et al., Constituting The Board of Zoning Appeals of the Town of Smithtown, Appellants

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

December 21, 1970

Appeal dismissed, without costs, and without prejudice to such motion as appellants might be advised to make at Special Term to vacate the judgment and for leave to answer the petition herein.

The judgment was granted upon appellants' default in appearing and answering the petition. No appeal lies from a judgment entered on default in appearing or answering (cf. Deer Park Rest. v. O'Neill, 279 App. Div. 801; Consumers...

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