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MATTER OF CENTURY CIRCUIT v. CHAVE

50 Misc.2d 816 (1966)

In the Matter of Century Circuit, Inc., Petitioner, v. Kenneth W. Chave et al., Constituting the Board of Zoning Appeals of the Town of Hempstead, Respondents.

Supreme Court, Special Term, Nassau County.

April 4, 1966

Attorney(s) appearing for the Case

Sprague, Dwyer, Aspland & Tobin for petitioner. George Morton Levy for respondents.

MARIO PITTONI, J.

In this proceeding pursuant to article 78 of the CPLR, judgment is granted in favor of respondents, dismissing the petition.

Petitioner, Century Circuit, Inc., operates a moving picture theatre on land that it leases in Roosevelt Field, about a mile and a quarter away from the subject property. It demands a judgment annulling the determination and decision of the respondent board which granted a special exception to the intervenor...

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