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MATTER OF ROTHSTEIN v. COUNTY OPERATING CORP.

6 N.Y.2d 728 (1959)

In the Matter of B. L. Rothstein, Respondent, v. County Operating Corp., Respondent, and Edward P. Larkin et al., Constituting the Town Board of the Town of Hempstead, Appellants.

Court of Appeals of the State of New York.

Decided April 9, 1959.

Attorney(s) appearing for the Case

Robert M. Stein and John A. Morhous for appellants.

George Trosk, Arthur A. Kaye, Salvatore L. Di Giovanna and Eugene L. Weisbein for B. L. Rothstein, respondent.

George Trosk for Lemir Realty Corp., amicus curiae, in support of respondent's position.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.

Order affirmed, with costs. In making determinations upon applications for special exceptions under the Zoning Ordinance, the Town Board exercises judgment or discretion of a character which is reviewable as to reasonableness in a proceeding under article 78 of the Civil Practice Act (Matter of Lerner v. Young, 286 App. Div. 1109, motion for leave to appeal denied 309 N.Y. 1035; Matter of Frantellizzi v. Herman, 1 A.D.2d 980

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