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  5. 67 N.Y.2d 702 (1986)
 

HUMAN DEV. SERVS. OF PORT CHESTER, INC. v. ZONING BD. OF APPEALS OF THE VILL. OF PORT CHESTER

67 N.Y.2d 702 (1986)

Human Development Services of Port Chester, Inc., Respondent, v. Zoning Board of Appeals of the Village of Port Chester, Appellant.

Court of Appeals of the State of New York.

Decided February 11, 1986.

Attorney(s) appearing for the Case

George A. O'Hanlon, Village Attorney, for appellant.

Stephen Rogowsky for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. In so holding, however, we do not find it necessary to reach the public policy question discussed in the Appellate Division decision.

It was conceded by the Village Attorney before the Zoning Board of Appeals that the use proposed to be made of the premises by petitioner "is a single family dwelling under the statute"

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