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MTR. OF YOUNG v. BD. OF ZONING APPEALS

35 A.D.2d 430 (1970)

In the Matter of Harold Young et al., Respondents, v. Board of Zoning Appeals of the Incorporated Village of Great Neck Estates, Appellant

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

December 28, 1970.

Attorney(s) appearing for the Case

Bentley & Owens (Edward S. Bentley of counsel), for appellant.

Koeppel Hyman Sommer Lesnick & Ross (Adolph Koeppel and William D. Siegel of counsel), for respondents.

CHRIST, P. J., RABIN and BRENNAN, JJ., concur with HOPKINS, J.; BENJAMIN, J., dissents and votes to reverse the judgment, dismiss the proceeding on the merits and confirm appellant's determination, with an opinion.

HOPKINS, J.

The petitioners Young own a corner plot comprising 14,000 square feet, having frontages of 140 feet an Elm Street and 100 feet on Hillside Avenue in the Village of Great Neck Estates. Under the village's Zoning Ordinance it is located in the Residence C District of the village, thus requiring a plot of a minimum of 6,000 square feet and a minimum frontage of 60 feet. On the premises stands a three...

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