MATTER OF DOWNING v. GAYNOR


47 Misc.2d 535 (1965)

In the Matter of Walter P. Downing et al., Petitioners, v. Edward J. Gaynor, as Director of the Department of Building and Engineering of the Town of Oyster Bay, et al., Respondents.

Supreme Court, Special Term, Nassau County.

July 30, 1965


Attorney(s) appearing for the Case

Marino & Bernstein for petitioners. Attilio E. Braune for Edward J. Gaynor, respondent. James M. Hastie for Board of Appeals of Town of Oyster Bay, respondent.


DANIEL G. ALBERT, J.

This is an article 78 proceeding to review the determination of the Board of Appeals of the Town of Oyster Bay which affirmed the rejection of petitioners' application for a building permit to erect a gasoline station on premises owned by them, located at the southeast corner of the intersection of Routes 106 and 25A in the Unincorporated Village of East Norwich.

The subject property is situated on what was formerly

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