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MATTER OF DEMISAY, INC. v. PETITO

31 N.Y.2d 896 (1972)

In the Matter of Demisay, Inc., Respondent, v. Michael N. Petito et al., Constituting the Town Board of the Town of Oyster Bay, Appellants.

Court of Appeals of the State of New York.

Decided December 28, 1972.

Attorney(s) appearing for the Case

Bernard F. McCaffrey, Town Attorney (David J. Weinblatt and Robert A. Shuster of counsel), for appellants.

Jerome Murray for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

Order reversed, without costs, and the petition dismissed in the following memorandum: Since the Appellate Division determination, the town has amended its zoning ordinance to exclude nursing homes entirely from the residential zone in which petitioner's property is located. The court is constrained, therefore, to decide the case on the law at the time of decision (e.g., Matter of Gordon v. Plonski, 9 N.Y.2d 886; Matter of Town...

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