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

53 A.D.3d 490 (2008)

861 N.Y.S.2d 745

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.

Decided July 1, 2008.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof, in effect, denying that branch of the motion of the City of Long Beach which was to dismiss the sixth cause of action, and substituting therefor a provision granting that branch of the motion, and (2) by deleting the provision thereof annulling the determination of the Zoning Board of Appeals of the City of Long Beach which revoked the building permit previously issued on August 12, 2003...

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