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TOWN OF OYSTER BAY v. KIRKLAND

No. 163.

19 N.Y.3d 1035 (2012)

978 N.E.2d 1237

954 N.Y.S.2d 769

2012 NY Slip Op 6988

TOWN OF OYSTER BAY, Appellant, v. GALEN D. KIRKLAND, as Commissioner of the New York State Division of Human Rights, et al., Respondents.

Court of Appeals of New York.

Decided October 18, 2012.

Attorney(s) appearing for the Case

Giaimo Associates, LLP, Kew Gardens ( Joseph D. Giaimo of counsel), for appellant.

Caroline J. Downey , General Counsel, Bronx ( Michael K. Swirsky of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs.

The Town of Oyster Bay has created zoning districts designed for "Golden Age Housing" (below-market-rate private housing for senior citizens) and "Next Generation Housing" (below-market-rate private housing for first-time home buyers), in which preference is given to buyers who are residents of the Town, and their parents and children, respectively...

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