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MATTER QUAKER RIDGE BUILDING SUPPLY CORP. ET AL. v. MARVIN L. LEVITT ET AL. (12/22/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


December 22, 1969

IN THE MATTER OF QUAKER RIDGE BUILDING SUPPLY CORP. ET AL., APPELLANTS,
v.
MARVIN L. LEVITT ET AL., CONSTITUTING THE BOARD OF APPEALS ON ZONING OF THE CITY OF NEW ROCHELLE, RESPONDENTS

In a proceeding pursuant to article 78 of the CPLR, petitioners (1) appeal from a judgment of the Supreme Court, Westchester County, dated November 15, 1968, which dismissed the petition, and (2) further appeal, as limited by their brief, from so much of a second judgment of said court, dated November 18, 1968, as, on reargument, adhered to the original determination.

Beldock, P. J., Christ, Munder, Martuscello and Kleinfeld, JJ., concur.

No opinion.

Disposition

Appeal from judgment dated November 15, 1968 dismissed, without costs. That judgment was superseded by the judgment dated November 18, 1968. Judgment dated November 18, 1968 affirmed insofar as appealed from, with $10 costs and disbursements.

19691222

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