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MATTER OF POKOIK v. SILSDORF

40 N.Y.2d 769 (1976)

In the Matter of Lee Pokoik, Appellant, v. Arthur R. Silsdorf, as Mayor of the Incorporated Village of Ocean Beach, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 2, 1976.

Attorney(s) appearing for the Case

Bernard M. Rosen, Bay Shore, for appellant.

J. Stewart McLaughlin, Bay Shore, for respondents.

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

GABRIELLI, J.

This article 78 proceeding was commenced by petitioner to annul the decision of the building inspector and the determination of the Zoning Board of Appeals of the Village of Ocean Beach which denied petitioner's application for a building permit.

The petitioner is the owner of a parcel of property with a four-bedroom dwelling in the Village of Ocean Beach. On September 28, 1972 he applied...

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