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IN THE MATTER OF HABERMAN v. ZONING BOARD OF APPEALS OF CITY OF LONG BEACH

27 A.D.3d 739 (2006)

813 N.Y.S.2d 460

In the Matter of SINCLAIR HABERMAN et al., Appellants-Respondents, v. ZONING BOARD OF APPEALS OF CITY OF LONG BEACH et al., Respondents-Appellants.

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

March 28, 2006.

Ordered that the order is reversed insofar as cross-appealed from, on the law, without costs or disbursements, the petition is denied, the proceeding is dismissed on the merits, the complaint is dismissed, the determination of the Zoning Board of Appeals of the City of Long Beach is confirmed, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the petitioners are not entitled...

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