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MATTER OF BRANNELLY v. DONOVAN

29 N.Y.2d 748 (1971)

In the Matter of Emily A. Brannelly, as Executrix of Walter J. Brannelly, Deceased, Respondent, v. John J. Donovan et al., Constituting the Board of Zoning Appeals of the Incorporated Village of Freeport, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 21, 1971.

Attorney(s) appearing for the Case

Michael Solomon and Oakley Gentry, Jr. for appellants.

Paul Edwin Kast for respondent.

Appeal dismissed, with costs, upon the ground that no constitutional question is presented, in the following memorandum: Not every denial or grant of a variance necessarily raises a substantial constitutional question (Salamar Bldrs. Corp. v. Tuttle, 29 N.Y.2d 221, decided herewith) and our examination of the complete record discloses that, despite some convenient reference appearing in appellants' opposing papers on the prior motion...

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