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MTR. OF PETE-LOR, INC. v. HABER

39 A.D.2d 40 (1972)

In the Matter of Pete-Lor, Inc., Respondent, v. Sid Haber et al., Constituting The Board of Trustees of the Incorporated Village of Cedarhurst, Appellants, et al., Respondents

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

April 24, 1972.

Attorney(s) appearing for the Case

Sydney A. Hellenbrand for appellants.

Gehrig, Ritter, Coffey, McHale & McBride (John F. Coffey of counsel), for respondent.

BENJAMIN, J., concurs with SHAPIRO, Acting P. J.; GULOTTA, J., concurs in an opinion; BRENNAN, J., dissents and votes to reverse the judgment insofar as appealed from and to dismiss the proceeding as to appellants, with an opinion, in which CHRIST, J., concurs.

SHAPIRO, Acting P. J.

The Board of Trustees of the Village of Cedarhurst appeal from so much of an order of the Special Term, Nassau County, as (1) annulled their determination that the petitioner's use of its building was not a legal nonconforming one and (2) adjudged that such use was a legal nonconforming one.

The subject premises were constructed late in 1954 or in 1955 as an additional building to...

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