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PEOPLE v. KUSS

32 N.Y.2d 436 (1973)

The People of the State of New York, Respondent, v. Donald J. Kuss and Walter Maclyn Conlon, Appellants.

Court of Appeals of the State of New York.

Decided June 6, 1973.

Attorney(s) appearing for the Case

Kenneth K. Rohl and Daniel Kirchman for Walter Maclyn Conlon, appellant.

John Joseph Sutter for Donald J. Kuss, appellant.

George J. Aspland, District Attorney (Maurice Nadjari of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI and JONES concur.

WACHTLER, J.

On March 20, 1962 at a meeting of the Islip Town Board the appellant, Donald Kuss, a councilman and member of the town board, introduced and voted in favor of a resolution which changed the covenants and restrictions on a three-acre tract of land located at the intersection of Lakeland and Johnson Avenues in Sayville, New York.

Originally this parcel had been zoned "residential", but in 1958...

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