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IN THE MATTER OF HALPERIN v. CITY OF NEW ROCHELLE

24 A.D.3d 768 (2005)

809 N.Y.S.2d 98

In the Matter of EDWARD HALPERIN et al., Petitioners, v. CITY OF NEW ROCHELLE et al., Respondents.

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

December 27, 2005.

Ordered that so much of the hybrid proceeding and action as seeks a judgment declaring, inter alia, that the City Council of the City of New Rochelle exceeded its authority when it enacted City of New Rochelle Zoning Ordinance § 331-4, is dismissed as academic; and it is further,

Adjudged that the determinations are confirmed, the petition is otherwise denied, and the proceeding is otherwise dismissed on the merits; and it is further,

Ordered that one...

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