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RANDOLPH v. TOWN OF BROOKHAVEN

37 N.Y.2d 544 (1975)

John Randolph, Appellant, v. Town of Brookhaven et al., Defendants, and William M. Johnson et al., Respondents.

Court of Appeals of the State of New York.

Decided October 21, 1975.

Attorney(s) appearing for the Case

David C. Weisberg for appellant.

John J. Reilly for William M. Johnson, respondent.

Smith, Finkelstein, Lundberg, Baisley and Yakaboski for Edwin J. Dresner, respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

JASEN, J.

On December 12, 1971, the Town Board of Brookhaven approved the application of defendant William Johnson for a zoning change from "B-1" Residence (single-family dwelling) to "MF-2" Residence (multiple-family dwelling) for a 24-acre parcel located in East Patchogue. Thereafter, plaintiff John Randolph, whose residence is located near the subject parcel, commenced this action to declare the change in...

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