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MATTER OF SEIDNER v. TOWN OF ISLIP

56 N.Y.2d 1004 (1982)

In the Matter of Judith Seidner, Respondent, v. Town of Islip et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 23, 1982.

Attorney(s) appearing for the Case

William R. Bennett, Town Attorney (Lark J. Shlimbaum of counsel), for appellants.

Werner J. Zumbrunn for respondent.

Robert Abrams, Attorney-General (Peter H. Schiff, James A. Sevinsky and Lawrence A. Rappoport of counsel), for Commissioner of Environmental Conservation of the State of New York and another, amici curiae.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

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

We agree with both courts below that section 68-59.1 of the Town Code of the Town of Islip (commonly known as the "Dune District" ordinance) is unconstitutional as applied to this plaintiff's property. The operative provision of the code, applicable to the Dune District in which plaintiff's lot is located, is the following: "No structure...

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