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MATTER OF COMMERCIAL PROPS., INC. v. GRIFFIN

283 A.D. 1109 (1954)

In the Matter of Commercial Properties, Inc., Respondent, v. E. Floyd Griffin et al., Constituting The Board of Appeals of the Town of Oyster Bay, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 28, 1954.

Order reversed on the law, with $10 costs and disbursements, and petition dismissed.

The site in question lies in a zone in which the proposed use is expressly contemplated by the zone ordinance of the town, but it is also provided therein that permission must be obtained of the board of appeals. (Town of Oyster Bay, Building Zone Ordinance, art. VIII, § F-1, subd. 19.) The ordinance further provides that the granting of such permission shall be subject to the...

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