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  5. 45 N.Y.2d 719 (1978)
 

MATTER OF MAHONEY v. O'SHEA FUNERAL HOMES, INC.

45 N.Y.2d 719 (1978)

In the Matter of Joseph Mahoney et al., Appellants, v. O'Shea Funeral Homes, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided July 11, 1978.

Attorney(s) appearing for the Case

Frederick I. Abrams for appellants.

Ira P. Sloane for O'Shea Funeral Homes, Inc., and another, respondents.

W. Kenneth Chave, Jr., Town Attorney (Joseph C. Calabrese of counsel), for Town of Hempstead, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In light of the existence of commercially zoned lots in the area surrounding the subject premises, one of which was rezoned from residential to commercial as recently as 1970, we believe that the amendment to the zoning ordinance was not arbitrary and is, therefore, constitutional as applied.

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