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

2004-05680.

2008 NY Slip Op 06154

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 New York, Second Department.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Ackerman, Levine, Cullen, Brickman & Limmer, LLP, Great Neck. N.Y. (Andrew J. Luskin, Jacob Haberman, and Emanuel R. Gold of counsel), for appellants-respondents.

Carolyn Cairns Olson, Corporation Counsel, Long Beach, N.Y. (Corey E. Klein of counsel), for respondents-appellants Zoning Board of Appeals of City of Long Beach, Lenny Torres, Marcel Weber, Michael Fina, Stuart Banschick, Lorraine Divone, Michael Leonetti, City of Long Beach, Scott A. Kemins, and Samuel Ungar.

Davidoff Malito & Hutcher, LLP, Garden City, N.Y. (Michael G. Zapson of counsel), for respondent-appellant Xander Corp.

Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, EDWARD D. CARNI, RUTH C. BALKIN, JJ.

DECISION & ORDER

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...

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