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KURZIUS v. UPPER BROOKVILLE

67 A.D.2d 70 (1979)

Robert E. Kurzius, Inc., et al., Appellants, v. Incorporated Village of Upper Brookville, Respondent

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

March 26, 1979

Attorney(s) appearing for the Case

Farrell, Fritz, Caemmerer & Cleary, P. C. (John M. Armentano and Robert V. Guido of counsel), for appellants.

Sprague, Dwyer, Aspland & Tobin, P. C. (Joseph L. Tobin, Jr., of counsel), for respondent.

HOPKINS, J. P., GULOTTA and MARTUSCELLO, JJ., concur.

SHAPIRO, J.

This appeal involves, among other issues, the constitutional validity of a zoning ordinance of the defendant Incorporated Village of Upper Brookville (hereinafter village). Except for a small area along Route 25-A zoned for business, the remainder of the land in the village was zoned for single homes with a minimum lot size of at least two acres in some portions of the village and of at least five...

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