MATTER OF 700 CENT. PARK AVE. CORP. v. RUSSO


35 A.D.2d 574 (1970)

In the Matter of 700 Central Park Ave. Corporation, Appellant, v. Nicholas R. Russo et al., Constituting The Town Board of the Town of Greenburgh, et al., Respondents

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

July 20, 1970


Judgment reversed insofar as appealed from, on the law, with $10 costs and disbursements, petition reinstated and proceeding remanded to the Justice who dismissed the petition for further proceedings not inconsistent herewith.

We are of the view that this proceeding should be deemed an action for a declaratory judgment and continued as such for the purpose of testing the validity of the amendment to the zoning ordinance (see Matter of Lakeland Water Dist. v. Onondaga...

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