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KIRSCHNER v. ZONING BD. OF APPEALS OF VALLEY STREAM

No. CV 93-1764 (ADS).

924 F.Supp. 385 (1996)

John KIRSCHNER, George Kirschner, Martha Kirschner and J & G Central Auto Collision, Inc., d/b/a Central Auto Collision, Plaintiffs, v. The ZONING BOARD OF APPEALS OF the INCORPORATED VILLAGE OF VALLEY STREAM: and Edward DeLucie, Fred San Fanandre and Marvin Ronik, in their capacity as constituting Members of the Zoning Board of Appeals of the Incorporated Village of Valley Stream, Defendants.

United States District Court, E.D. New York.

April 20, 1996.

Attorney(s) appearing for the Case

Lysaght, Lysaght & Kramer, P.C. (John W. DeBlasio, of counsel), Lake Success, New York, for Plaintiffs.

Rivkin, Radler & Kremer (Kenneth A. Novikoff, of counsel), Uniondale, New York, for Defendants.

SPATT, District Judge:

Presently before the Court is the motion of the defendants, the Zoning Board of Appeals of the Incorporated Village of Valley Stream (the "ZBA" or the "Board"), and three of its members, Edward DeLucie ("DeLucie"), Fred San Fanandre ("San Fanandre") and Marvin Ronik ("Ronik," collectively the "defendants"), for summary judgment dismissing the plaintiffs' fourth amended complaint. The plaintiffs,...

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