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VIZZI v. TOWN BD. OF THE TOWN OF ISLIP

43 A.D.2d 567 (1973)

Octavius Vizzi et al., Plaintiffs, v. Town Board of the Town of Islip, Defendant. (Action No. 1.) Octavius Vizzi et al., Appellants, v. Town of Islip, Respondent. (Action No. 2.)

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

November 5, 1973

The judgment having declared, by a provision from which there has not been an appeal, that the town had rezoned plaintiffs' parcel from a Residence AAA to a Residence CA district, it is moot whether the parcel's classification as a Residence AAA district was constitutional. However, the town having subsequent to the judgment reclassified the parcel as a residence district other than AAA or CA, plaintiffs, if they are so advised, may press their constitutional claim against...

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