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DOUGLASTON ASSN. v. KLEIN

67 A.D.2d 54 (1979)

In the Matter of Douglaston Civic Association, Inc., et al., Appellants, v. Joseph B. Klein et al., Constituting The Board of Standards and Appeals of the City of New York, Respondents; Samuel Mindel, Intervenor-Respondent

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

March 19, 1979

Attorney(s) appearing for the Case

Julius Feigenbaum for appellants.

Allen G. Schwartz, Corporation Counsel (Maureen F. Brennan and L. Kevin Sheridan of counsel), for respondents.

McGee & Morsellino (Joseph P. Morsellino of counsel), for intervenor-respondent.

HOPKINS, J. P., and MARGETT, J., concur with SHAPIRO, J.; SUOZZI and GULOTTA, JJ., dissent and vote to reverse the judgment, grant the petition and annul the determination, with separate opinions.

SHAPIRO, J.

In this CPLR article 78 proceeding to review a determination of the Board of Standards and Appeals of the City of New York, the petitioners appeal from a judgment of the Supreme Court, Queens County (FINZ, J.), dated May 17, 1977, which sustained the granting of a variance by the board to the intervenor-respondent (Samuel Mindel). We affirm.

On August 11, 1971 Mindel purchased the subject property...

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