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MATTER OF ANDERSON CONSTR. CO. v. BD. OF ZONING APPEALS OF TOWN OF HUNTINGTON

35 Misc.2d 948 (1962)

In the Matter of Anderson Construction Co., Inc., Petitioner, v. Board of Zoning Appeals of the Town of Huntington, Respondent.

Supreme Court, Special Term, Suffolk County.

July 12, 1962

Attorney(s) appearing for the Case

Daniel S. Lerner for petitioner. Leon D. Lazer for respondent.

FRANK A. GULOTTA, J.

This article 78 proceeding was considered in connection with a cross motion (No. 2302) to dismiss the petition herein on the grounds that it is insufficient as a matter of law. Motion to dismiss is granted. (See Civ. Prac. Act, § 1288.)

It is not the law as respondent assumes that a Zoning Board of Appeals in acting upon an application for a special exception need make no findings...

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