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  5. 45 N.Y.2d 266 (1978)
 

GROUP HOUSE v. BD OF ZONING

45 N.Y.2d 266 (1978)

Group House of Port Washington, Inc., Respondent, v. Board of Zoning and Appeals of the Town of North Hempstead, Appellant. Richard Rafinski et al., Intervenors.

Court of Appeals of the State of New York.

Decided July 11, 1978.

Attorney(s) appearing for the Case

Edward G. McCabe, Town Attorney (Joseph A. Guarino, Peter R. Mineo and Howard M. Sinnott II of counsel), for appellant.

Anthony G. Nowachek for intervenors.

Leonard Weintraub and Ileen V. Crowley for respondent.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Robert J. Schack of counsel), for the Department of Social Services of the State of New York, amicus curiae.

Judges JONES, WACHTLER and COOKE concur with Judge GABRIELLI; Chief Judge BREITEL dissents and votes to reverse in a separate opinion in which Judges JASEN and FUCHSBERG concur.

GABRIELLI, J.

The limited, rather narrow issue presented on this appeal is whether the Town of North Hempstead may so stringently apply the term "family" as used in its zoning ordinances as to exclude a small "group home" of the type described herein used for the foster care of children. We hold that it may not.

Petitioner is a not-for-profit corporation which has purchased a house in Port Washington...

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