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COUTANT v. TN. OF POUGHKEEPSIE

69 A.D.2d 506 (1979)

Beatrice Coutant et al., Respondents, v. Town of Poughkeepsie et al., Appellants, et al., Defendant

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

August 6, 1979

Attorney(s) appearing for the Case

David D. Hagstrom, Town Attorney (Anthony De Rosa on the brief), for Town of Poughkeepsie, appellant.

Vasti, Orcutt, Rinaldi & Gilhuly (Thomas F. Vasti, Jr., Julius L. Sackman, Sidney Z. Searles and John T. Orcutt of counsel), for respondents.

GULOTTA, COHALAN and MARGETT, JJ., concur; MARTUSCELLO, J., dissents and votes to affirm the order.

SUOZZI, J. P.

Plaintiffs seek a declaration that the 1956 Town of Poughkeepsie Zoning Ordinance is null and void. The defendant Town of Poughkeepsie appeals from an order which granted the plaintiffs' motion for summary judgment and declared that the said ordinance was at all times null and void. The order should be reversed and plaintiffs' motion should be denied.

In our view, Special Term erred in granting...

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