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  5. 160 A.D.2d 694 (1990)
 

MATTER OF BARKUS v. KERN

160 A.D.2d 694 (1990)

In the Matter of Martha Barkus et al., Respondents, v. Roy M. Kern, as Chairman of The Board of Zoning Appeals of the Town of Smithtown, et al., Appellants

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

April 2, 1990

Ordered that on the court's own motion the appellants' notice of appeal is treated as an application for leave to appeal, the application is referred to Justice Balletta, and leave to appeal is granted by Justice Balletta (see, CPLR 5701 [b] [1]); and it is further,

Ordered that the order is affirmed, without costs or disbursements.

The petitioners Martha Barkus and Shirley Hershkowitz are sisters who inherited...

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