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MATTER OF DOWLING COLL. v. SCHERMERHORN

28 N.Y.2d 580 (1971)

In the Matter of Dowling College, Respondent, v. William H. Schermerhorn et al., Constituting the Board of Appeals of the Town of Islip, et al., Respondents. In the Matter of Anthony V. Barbiero et al., Appellants, et al., Petitioner, v. William H. Schermerhorn et al., Individually and Constituting the Board of Appeals of the Town of Islip, et al., Respondents.

Court of Appeals of the State of New York.

Decided January 21, 1971.

Attorney(s) appearing for the Case

David T. Berman for motion.

Sol Horenstein opposed to motion and for cross motion.

Motion for leave to appeal granted.

Cross motion to dismiss appeal taken as of right granted and appeal dismissed, without costs, upon the ground appellants are not aggrieved by the modification of the Appellate Division, which was in their favor (CPLR 5601, subd. [a...

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