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MATTER OF LEE v. WALSH

45 A.D.2d 836 (1974)

In the Matter of Benjamin F. Lee et al., Appellants, v. Jeremiah T. Walsh, as Commissioner of The Department of Buildings of the City of New York, et al., Respondents

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

July 9, 1974

This matter is similar to the situation presented in Matter of Temkin v. Karagheuzoff (43 A.D.2d 820, affd. 34 N.Y.2d 324). The only distinguishing feature is the fact that the State Board of Social Welfare had not first approved the building permit, and thus Special Term held it "void ab initio". We find this to be a mere irregularity, which can be and was cured.

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