Majority
p. 580In the Matter of Dowling College, Respondent, v. William H. Schermerhorn et al., Constituting the Board of Appeals of the Town of Islip, et al., Respondents. In the Matter of Anthony V. Barbiero et al., Appellants, et al., Petitioner, v. William H. Schermerhorn et al., Individually and Constituting the Board of Appeals of the Town of Islip, et al., Respondents. Submitted December 28, 1970; decided January 21, 1971.
p. 581
David T. Berman for motion.
Sol Horenstein opposed to motion and for cross motion.
Cross motion to dismiss appeal taken as of right granted and appeal dismissed, without costs, upon the ground appellants are not aggrieved by the modification of the Appellate Division, which was in their favor (CPLR 5601, subd. [a], par. [iii]).