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BENIGNO v. COHALAN

40 N.Y.2d 880 (1976)

Joseph Benigno, Appellant, v. Peter Cohalan et al., Constituting the Town Board of the Town of Islip, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 19, 1976.

Attorney(s) appearing for the Case

Frederick Fagelson for appellant.

Francis G. Caldeira, Town Attorney (Edward S. Raskin of counsel), for respondents.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

As noted by the Appellate Division, in consequence of failure of publication as required by section 265 of the Town Law, the zoning resolution dated November 11, 1971 never became effective. This consequence is not altered by appellant's assertions with respect to the circumstances of such nonpublication...

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