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SUFFOLK HOUS. v. BROOKHAVEN

109 A.D.2d 323 (1985)

Suffolk Housing Services et al., Appellants, v. Town of Brookhaven et al., Respondents

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

July 8, 1985

Attorney(s) appearing for the Case

Steel & Bellman, P. C. (Richard F. Bellman and Lewis M. Steel of counsel), Thomas I. Atkins and Margrett Ford, National Association for the Advancement of Colored People, and Lawrence Sager and Arthur Eisenberg, New York Civil Liberties Union, for appellants. (One brief filed.)

Martin Kerins, Town Attorney (Arden H. Rathkopf of counsel), for respondents.

GIBBONS, J. P., THOMPSON, O'CONNOR and NIEHOFF, JJ., concur.

Per Curiam.

On this appeal, we are called upon to consider two issues: first, whether the doctrine articulated by the Court of Appeals in Berenson v Town of New Castle (38 N.Y.2d 102) imposes a duty upon a municipality to exercise its zoning powers in order to facilitate the development of low-to-moderate-income or low-cost housing, and, second, whether the actions taken by the...

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