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MATTER OF HARN FOOD, LLC v. DeCHANCE

2016-04083 Index No. 8624/15.

159 A.D.3d 819 (2018)

72 N.Y.S.3d 538

2018 NY Slip Op 01604

In the Matter of HARN FOOD, LLC, Appellant, v. PAUL M. DeCHANCE et al., Respondents.

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

Decided March 14, 2018.

Ordered that the judgment is affirmed, with costs.

The petitioner owns vacant real property in the Town of Brookhaven containing two tax lots, which share a rear boundary and abut two parallel streets. The petitioner applied to the Town of Brookhaven for area variances to build two houses on the property, one abutting each street. The petitioner contends that it is entitled to area variances because the property consists of two single and separate tax lots. After...

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