Opinion
March 1, 1943.
Present — Hagarty, Johnston, Adel, Taylor and Lewis, JJ.
The action is for a declaratory judgment declaring an ordinance of defendant village, establishing a set-back of ten feet on all property on the north side of Grace avenue between Middle Neck road and Third street, unconstitutional and void as to plaintiff, and for a mandatory injunction directing the Building Inspector of defendant village to issue to plaintiff a permit for the erection of a building in accordance with plans and specifications theretofore filed with him. Judgment dismissing the complaint on the merits unanimously affirmed, with costs. No opinion.