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MATTER OF CYBULSKI v. EAGAN

11 Misc.2d 251 (1958)

In the Matter of Thaddeus C. Cybulski, Petitioner, v. William Eagan, as Commissioner of Public Works of the City of Lackawanna, Respondent.

Supreme Court, Erie County.

May 1, 1958.

Attorney(s) appearing for the Case

Emmett McGarvey for petitioner.

Michael F. Dillon, Corporation Counsel, for respondent.

MATTHEW J. JASEN, J.

This is an article 78 (Civ. Prac. Act) proceeding commenced by the petitioner against William Eagan, the Commissioner of Public Works of the City of Lackawanna, New York, to compel the latter to revoke a building permit issued by him which would permit the construction of nine five-family dwellings in the 4th Ward of the City of Lackawanna.

Prior to November, 1957, it was illegal to construct dwellings for more than two families...

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