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MATTER OF LERRICK v. EGAN

54 A.D.2d 934 (1976)

In the Matter of Robert Lerrick, Respondent, v. Alan Egan et al., Constituting The Zoning Board of Appeals of the Town of Yorktown, Appellants

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

November 8, 1976

Judgment reversed, on the law, without costs or disbursements, and proceeding dismissed on the merits.

In our opinion it was error for the Special Term, in effect, to hold the subject zoning ordinance unconstitutional in the absence of the town legislative body, a necessary party in order for such a holding to be made (see Matter of Overhill Bldg. Co. v Delaney, 28 N.Y.2d 449; Matter of Trifaro v Zoning Bd. of Appeals...

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