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MATTER OF CITY OF WHITE PLAINS v. FERRAIOLI

40 A.D.2d 1001 (1972)

In the Matter of The City of White Plains, Respondent, v. Gennaro Ferraioli et al., Appellants

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

December 18, 1972

Judgment affirmed, without costs.

No opinion. Enforcement of the judgment is hereby further stayed until 30 days after entry of the order to be made hereon, to allow defendants time within which to apply to the Zoning Board of Appeals for a special permit.

Shapiro, J., dissents and votes to reverse the judgment, to deny plaintiff's motion and to grant summary judgment to defendants dismissing the complaint, with the following memorandum:

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