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MALDINI v. AMBRO

36 N.Y.2d 481 (1975)

Robert Maldini et al., Appellants, v. Jerome A. Ambro, Supervisor, et al., Constituting the Town Board of the Town of Huntington, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 8, 1975.

Attorney(s) appearing for the Case

Alfred J. Skidmore for appellants.

Louis C. Bernst for the Health Care Agencies of the New York Annual Conference of the Methodist Church, Inc., respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES and COOKE concur with Judge FUCHSBERG; Judge JASEN dissents and votes to reverse in a separate opinion in which Judge WACHTLER concurs.

FUCHSBERG, J.

The issues posed are (1) whether the Town Board of the Town of Huntington exceeded its powers by amending its zoning ordinance to create a residence district providing, among other uses, for a "Retirement Community District" and (2) whether a subsequent resolution of the town board granting an application of defendant Health Care Agencies of the New York Annual Conference of the Methodist Church...

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