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Wuttke v. O'Connor

281 A.D. 686 Court N.Y. App. Div. Decision date 1952-12-08 English

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p. 686
In the Matter of Gerard Wuttke, Respondent, against Cornelius O’Connor as Manager of the Building Department of the Town of North Hempstead, Nassau County, Appellant.

Appeal by the manager of the building department of the Town of North Hempstead from a final order in an article 78 proceeding declaring the town building zone ordinance zoning petitioner’s property in a residence C zone unconstitutional as to him, and directing appellant to issue a building permit for the erection of a commercial garage and warehouse. Order unanimously affirmed, with costs. No opinion. Present — Nolan, P. J., Johnston, Adel, MacCrate and Schmidt, JJ. [See post, p. 768.]