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JAMES A. KLEIN ENTERS., INC. v. BRAATZ

51 A.D.2d 1021 (1976)

James A. Klein Enterprises, Inc., Respondent, v. William B. Braatz et al., Constituting The Zoning Board of Appeals of the Village of Cold Spring, Appellants

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

March 15, 1976

Order reversed, without costs or disbursements, and proceeding remanded to Special Term for consideration of the effect, if any, of a new zoning provision (Local Laws, 1974, No. 1 of Village of Cold Spring), introduced for consideration for the first time on appeal, on petitioner's application for site plan approval, and for the entry of a new judgment.

Although an appellate court is ordinarily bound by the zoning law in...

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