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MATTER OF BERZON v. JONES

33 A.D.2d 989 (1970)

In the Matter of Irving Berzon et al., Appellants, v. Harry R. Jones et al., Constituting The Town Board of the Town of Amherst, et al., Respondents

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

January 15, 1970

Order unanimously reversed and determination annulled, with costs to appellants.

Memorandum:

The resolution adopted by respondent Town Board approving the application of one Mrs. Tiburzi to operate a beauty parlor in her home was in violation of the provisions of the Town Zoning Law. The home was situated in an R-3 District where a "home occupation," as defined in article IV of the law, was permitted subject to approval by the Town Board, after a public hearing...

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