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DE MASCO CORP. v. ZIRK

62 A.D.2d 92 (1978)

In the Matter of C. De Masco Scrap Iron & Metal Corp., Respondent, v. Herbert Zirk, as Chief Building Inspector of The Town of Babylon, et al., Appellants

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

April 24, 1978

Attorney(s) appearing for the Case

Joseph F. Klein, Town Attorney (Wallace H. Boyle of counsel), for appellants.

Blumberg, FitzGibbons & Blumberg (Edgar Hills of counsel), for respondent.

MOLLEN, P. J., and SHAPIRO, J., concur with HAWKINS, J.; SUOZZI, J., dissents and votes to reverse the judgment and dismiss the proceeding on the merits, with an opinion.

HAWKINS, J.

The respondents in this proceeding appeal from a judgment of the Supreme Court, Suffolk County, dated September 16, 1977, which directed the Chief Building Inspector of the Town of Babylon to issue a building permit to the petitioner and, also, enjoined the Babylon Planning Board and Town Board from taking any action which would interfere with the issuance of the building permit to the petitioner....

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