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ANTHONY ADAMO ET AL. v. TOWN BABYLON ET AL. (10/15/69)

October 15, 1969

ANTHONY ADAMO ET AL., APPELLANTS,
v.
TOWN OF BABYLON ET AL., RESPONDENTS



Rabin, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

In an action to declare the Zoning Ordinance of the Town of Babylon void with respect to plaintiffs' property, and for other related relief, plaintiffs appeal from a judgment of the Supreme Court, Suffolk County, entered December 19, 1968 after a non-jury trial, which inter alia dismissed the complaint. Judgment modified, on the law and the facts, by striking therefrom the second decretal paragraph and substituting therefor a provision declaring the zoning ordinance valid with respect to plaintiffs' property. As so modified, judgment affirmed, without costs (see Rockland Light & Power Co. v. City of New York, 289 N. Y. 45, 51; Town Board v. City of Poughkeepsie, 22 A.D.2d 270, 276).

19691015

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