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MATTER OF BUCKLEY

55 A.D.2d 951 (1977)

In the Matter of Yolande D. Buckley et al., Appellants. Wild Oaks Park, Inc., et al., Respondents

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

January 31, 1977

Judgment affirmed insofar as appealed from, with costs, on the opinion of Mr. Justice Burchell at Trial Term.

Shapiro, J., dissents and votes to reverse the judgment insofar as it is appealed from and grant the petition, with the following memorandum:

I respectfully dissent and vote to reverse the judgment insofar as it is appealed from and to grant the petition on the authority of Schwartz v Marien (37 N.Y.2d 487

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