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MATTER OF MARCELLO v. HUMENIK

222 A.D.2d 677 (1995)

635 N.Y.S.2d 676

In the Matter of Louise Marcello, Respondent, v. Bruce E. Humenik et al., Appellants

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

December 29, 1995

Ordered that the judgment is affirmed, with costs.

The record does not contain any evidence to support the determination of the Zoning Board of Appeals of the Village of Babylon (hereinafter the Zoning Board) that the housing and raising of pigeons for show would cause property values to decline or would conflict with area zoning, particularly in view of the voluntary acceptance of certain conditions by the petitioner's...

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