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MTR. OF KNIGHT v. BODKIN

41 A.D.2d 413 (1973)

In the Matter of Donald Knight et al., Appellants, v. Leonard D. Bodkin et al., Constituting The Zoning Board of Appeals of the Town of Orangetown, Rockland County, Respondents; Universal Metal Chain Co., Inc., Respondent-Intervenor In the Matter of The Palisades Interstate Park Commission, Appellant, v. Leonard D. Bodkin et al., Constituting The Town of Orangetown Zoning Board of Appeals, Respondents; Universal Metal Chain Co., Inc., Respondent-Intervenor

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

May 21, 1973.

Attorney(s) appearing for the Case

Doig, Cornell & Mandel (J. Martin Cornell of counsel), for Donald Knight and others, appellants.

Louis J. Lefkowitz, Attorney-General (Paul S. Shemin, Irving Gault and Philip Weinberg of counsel), for the Palisades Interstate Park Commission, appellant.

William Snair (George M. Bergerman of counsel), for respondents.

Granik, Garson, Silverman & Nowicki (Joseph F. X. Nowicki of counsel), for intervenor-respondent.

LATHAM, Acting P. J., and BRENNAN, J., concur with BENJAMIN, J.; SHAPIRO, J., dissents and votes to affirm the judgment insofar as appealed from, in an opinion in which CHRIST, J., concurs.

BENJAMIN, J.

In these consolidated proceedings pursuant to article 78 of the CPLR the petitioners sought to annul a determination of the respondent Zoning Board of Appeals of the Town of Orangetown which granted a special permit to the intervenor-respondent, Universal Metal Chain Co., Inc. to construct, on approximately 2 acres of its 22.6 acres of property, a plant for the purpose of manufacturing metal chains...

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