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MATTER OF DEMISAY, INC. v. PETITO

33 A.D.2d 910 (1970)

In the Matter of Demisay, Inc., Respondent, v. Michael N. Petito et al., Constituting The Town Board of the Town of Oyster Bay, Appellants

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

January 12, 1970

Judgment affirmed, without costs.

In our opinion, there is no evidentiary support for the Town Board's conclusion that the granting of the permit herein would "adversely affect the safety, health [and] welfare * * * of the community." Accordingly, the board's determination "is unreasonable and arbitrary, and may not stand" (Matter of Young Men's Christian Assn. of Greater N. Y. v. Burns, 13 A.D.2d...

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