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MATTER OF LARA v. KERN

35 A.D.2d 958 (1970)

In the Matter of Alma Lara, Respondent, v. Roy M. Kern et al., Constituting The Board of Zoning Appeals of the Town of Smithtown, Appellants

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

December 7, 1970

Order reversed, on the law and the facts, without costs and appellants' motion to dismiss the petition granted.

Matter of Beck v. Goodday (24 A.D.2d 1016) is dispositive of the issues here. The petition must be dismissed for failure to serve the process in accordance with the statutory mandate. The Town Clerk's oral representation to petitioner's attorney that service could be made...

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