MATTER OF CARROLS EQUITIES CORP. v. CHAVE


37 A.D.2d 847 (1971)

In the Matter of Carrols Equities Corp., Respondent, v. W. Kenneth Chave et al., Constituting The Board of Zoning Appeals of the Town of Hempstead, Appellants

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

October 12, 1971


Judgment affirmed, without costs.

No opinion.

Hopkins, Acting P. J., and Brennan, J., dissent and vote to reverse the judgment and to dismiss the proceeding on the merits and confirm the determination, with the following memorandum:

Petitioner seeks a variance to extend a permitted business use throughout the entire split-zoned premises which it recently purchased. Two small triangular parcels at the rear of its premises are located in a "C" residence...

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