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MTR. OF DEVORE v. CAZALET

68 A.D.2d 17 (1979)

In the Matter of Gilbert Devore et al., Appellants, v. Henry Cazalet et al., Constituting The Board of Zoning Appeals of the Incorporated Village of North Hills, Respondents, and X-Cell Realty Associates et al., Intervenors-Respondents

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

May 14, 1979

Attorney(s) appearing for the Case

Santemma, Costigan & Murphy, P. C. (George B. Costigan, Jr., of counsel), for appellants.

Lapp, Schacher & Bradie (Michael Bradie of counsel), for respondents.

Rathkopf & Rathkopf (Arden H. Rathkopf of counsel), for intervenors-respondents.

LAZER and GULOTTA, JJ., concur; SHAPIRO and COHALAN, JJ., dissent and vote to affirm the judgment on the opinion of RONCALLO, J., at Special Term.

SUOZZI, J. P.

This is a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Board of Zoning Appeals of the Incorporated Village of North Hills, dated February 27, 1978, which granted certain area variances to the intervenors-respondents. The petitioners appeal from a judgment of the Supreme Court, Nassau County, which, inter alia, dismissed the petition...

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