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  5. 70 N.Y.2d 634 (1987)
 

MATTER OF SOC'Y OF THE NEW YORK HOSP. v. DEL VECCHIO

70 N.Y.2d 634 (1987)

In the Matter of Society of the New York Hospital, Appellant, v. Alfred Del Vecchio et al., Constituting the Common Council of the City of White Plains, Respondents.

Court of Appeals of the State of New York.

Decided June 30, 1987.

Attorney(s) appearing for the Case

Richard J. Concannon, Chauncey L. Walker and Sarah L. Reid for appellant.

Anthony J. Grant, Corporation Counsel (Mark P. Miller of counsel), for respondents.

Stuart R. Shamberg and Kenneth J. Frank for Builders Institute of Westchester and the Mid-Hudson Region, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. The certified question is not answered as unnecessary.

Petitioner's 218-acre parcel is located in one of two noncontiguous parts making up a R 1-12.5 zoning district in the City of White Plains. In this zone only one-family houses are permitted. Petitioner's parcel does not comprise 50% of the total R 1-12.5 district or of either of the...

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