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MATTER OF VITOLO v. CHAVE

63 Misc.2d 971 (1970)

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

Supreme Court, Special Term, Nassau County.

September 4, 1970

Attorney(s) appearing for the Case

Kaye & Scholly (Arthur A. Kaye and John M. Farrell, Jr., of counsel), for petitioner. Von Oiste & Carter for Carman Community Association, Inc., respondent. Howard E. Levitt, Town Attorney (Jeffrey L. Stadler of counsel), for Board of Zoning Appeals, respondent.

BERNARD S. MEYER, J.

In this article 78 CPLR proceeding petitioner seeks reversal of a decision of the respondent Board of Zoning Appeals which revoked a building permit for a restaurant granted to petitioner. In an earlier prohibition proceeding, petitioner sought to prevent the board from hearing the appeal of respondent Carman Community Association, Inc., on the ground that its appeal was not timely. In...

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