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MATTER OF SYOSSET HOLDING CORP. v. SCHLIMM

4 A.D.2d 766 (1957)

In the Matter of Syosset Holding Corp., Respondent, v. Charles H. Schlimm et al., Constituting The Zoning Board of Appeals of the Incorporated Village of Hempstead, Appellants

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

July 1, 1957

Order modified by striking therefrom the second ordering paragraph. As so modified order unanimously affirmed, without costs, and matter remitted to the zoning board of appeals for further factual evidence and findings based thereon which are susceptible of review as to the sufficiency of the supporting evidence. (People ex rel. Fordham M. R. Church v. Walsh, 244 N.Y. 280, 287; Matter of Elite Dairy Prods. v. Ten Eyck, 271 N.Y. 488, 498.)

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