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BENIGNO v. COHALAN

49 A.D.2d 871 (1975)

Joseph Benigno, Respondent, v. Peter Cohalan et al., Constituting The Town Board of the Town of Islip, et al., Appellants

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

October 6, 1975

Judgment modified, on the law, by deleting therefrom the second decretal paragraph and substituting therefor a declaration of the invalidity of the resolution dated November 11, 1971. As so modified, judgment affirmed, without costs. Special Term's findings of fact are affirmed.

The zoning resolution dated November 11, 1971 was never published as required by section 265 of the Town Law, and hence never became effective (see Barry v Town of Glenville,

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