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TN. OF CLIFTON PARK v. C. P. ENTERS.

45 A.D.2d 96 (1974)

Town of Clifton Park, Respondent, v. C. P. Enterprises et al., Appellants

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

June 6, 1974.

Attorney(s) appearing for the Case

McKane & Ianniello (John E. McKane of counsel), for appellants.

Joseph A. Martino for respondent.

STALEY, JR., J. P., GREENBLOTT, SWEENEY and KANE, JJ., concur.

REYNOLDS, J.

This is an appeal from an order of the Supreme Court, Saratoga County, which granted plaintiff's motion for summary judgment and permanently enjoined defendants from violating the set-back requirements of the zoning law of the Town of Clifton Park.

The sole issue raised on this appeal is whether a town zoning law can be validly enacted pursuant to local law providing for publication of an...

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