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MATTER OF SHERMAN v. FRAZIER

84 A.D.2d 401 (1982)

In the Matter of Harvey Sherman et al., Respondents, v. Charles Frazier et al., Constituting The Two-Family Review Board of the Town of Babylon, et al., Appellants, and Joseph Roth, Intervenor

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

January 29, 1982

Attorney(s) appearing for the Case

Joseph F. Klein, Town Attorney (Raymond F. Wolfram of counsel), for appellants.

Abrams & Herman, P. C. (Norman S. Abrams of counsel), for respondents.

DAMIANI, J. P., COHALAN and BRACKEN, JJ., concur.

LAZER, J.

The focus of this appeal is the Town of Babylon's legislative reaction to the burgeoning problem of illegal two-family houses. At issue is a judgment (106 Misc.2d 129) which (1) annulled a determination of the town's Two-Family Review Board granting the intervenor a special permit to convert his one-family home into a two, and (2) struck down the local law which...

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