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SOCHA v. SMITH

26 N.Y.2d 1005 (1970)

Walter J. Socha, Respondent, v. Gilbert E. Smith et al., Constituting the Town Board of the Town of Glenville, Appellants.

Court of Appeals of the State of New York.

Decided April 23, 1970.

Attorney(s) appearing for the Case

William P. Willig and George R. Mills for appellants.

John L. Desmond for respondent.

Concur: Judges BURKE, BERGAN, JASEN and GIBSON. Chief Judge FULD and Judges SCILEPPI and BREITEL dissent and vote to reverse on the dissenting opinion at the Appellate Division.

Order affirmed, without costs, in the following memorandum: The existence of a commercial storage business on the subject property and the proximity of other businesses on a nearby State highway indicate that the construction of apartments would actually upgrade the area and that the refusal of the Town Board to grant the zoning change was unreasonable. (See Rodgers v. Village of Tarrytown, 302 N.Y. 115...

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