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MATTER OF BACHETY v. VOLZ

65 Misc.2d 176 (1970)

In the Matter of Sondra Bachety, Petitioner, v. Frank M. Volz et al., Constituting the Board of Zoning Appeals of the Town of Babylon, et al., Respondents.

Supreme Court, Special Term, Suffolk County.

December 17, 1970

Attorney(s) appearing for the Case

John Braslow for petitioner. Donald L. Auperin, Town Attorney, for Board of Zoning Appeals, respondent. Miles W. Rehor for Liljohn Building, Inc., respondent.

THOMAS M. STARK, J.

Petitioner, a duly elected Councilman of the Town of Babylon has commenced this article 78 proceeding seeking to annul a determination made by the respondents on September 30, 1970.

The proceeding itself is not before the court. The respondents have moved to dismiss the petition on two grounds and have not answered. Respondents first argue that the court is without jurisdiction since...

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