MTR ROTTENBERG v. EDWARDS


103 A.D.2d 138 (1984)

In the Matter of Reba Rottenberg et al., Appellants, v. Kenneth S. Edwards, Jr., as Chairman of the Board of Zoning Appeals, Town of East Hampton, et al., Respondents

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

August 6, 1984


Attorney(s) appearing for the Case

Cruser, Hills, Hills & Besunder (Edgar Hills of counsel), for appellants.

Gary N. Weintraub, Town Attorney, for respondents.

THOMPSON and BRACKEN, JJ., concur with TITONE, J. P.; O'CONNOR, J., concurs in the opinion of TITONE, J. P., on constraint of State of New York v Trustees of Freeholders & Commonalty of Town of Southampton ().


TITONE, J. P.

In this CPLR article 78 proceeding, petitioners appeal from a judgment of the Supreme Court, Suffolk County, dismissing their petition seeking to review a determination of the Zoning Board of Appeals of the Town of East Hampton which denied their application for a special construction permit. They claim that the Board lacked subject matter jurisdiction and that, in any event, the determination...

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