
    Whitney Park Homes, Inc., Appellant, v. Incorporated Village of Upper Brookville, Respondent.
    Argued February 18, 1970;
    decided April 23, 1970.
    
      
      George C. Pratt and Ira P. Sloane for appellant.
    
      Joseph L. Tobin, Jr. for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  