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PUZIO v. CITY OF YONKERS

55 A.D.2d 909 (1977)

Frank M. Puzio et al., Appellants, v. City of Yonkers, Respondent, and Consolidated Edison Company of New York, Inc., Intervenor-Respondent

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

January 17, 1977

Judgment modified, on the law, by deleting from the second decretal paragraph thereof the words "in all respects" and substituting therefor the word "otherwise". As so modified, judgment affirmed, with one bill of costs to respondents jointly (see Lanza v Wagner, 11 N.Y.2d 317, 324).

Appellants failed to overcome the presumption of the constitutionality of zoning ordinances (see Wiggins v Town of Somers,

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