In a proceeding to review a determination of the zoning board of appeals of the town of Brookhaven, Suffolk County, granting permit for use of land situated in an industrial L zone as a community refuse dump and incinerator, it has been held that the permit is void in that the hearing, as a result of which the permit was granted, was conducted without notices of hearing having been mailed to residents within a reasonable radius, and that such residents were parties entitled to such form of notice under section 267 Town of the Town Law. Order reversed on the law, with $50 costs and disbursements, and the proceeding dismissed, without costs. It does not appear that petitioner was deprived of property without due process of law. ( Ottinger v. Arenal Realty Co., 257 N.Y. 371.) The subject matter of Mullane v. Central Hanover Bank Trust Co. ( 339 U.S. 306) is readily distinguishable, and that decision is not controlling. Nolan, P.J., Carswell, Adel, Sneed and MacCrate, JJ., concur.