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Serenity Homes, Inc. v. Town Board of Wappinger

37 N.Y.2d 841 Court N.Y. Decision date 1975-10-17 English

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p. 841
Serenity Homes, Inc., Respondent, v Town Board of Town of Wappinger et al., Appellants.
Argued September 18, 1975;
decided October 17, 1975
p. 842
Jon Adams for appellants.
Joel D. Hanig for respondent.

Order affirmed, with costs. The only issue presented by the question certified was whether the Appellate Division had the

p. 843
power to grant the relief given to plaintiff by that court. The Appellate Division had the power. We pass on no other issue. Question certified answered in the affirmative.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.