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MATTER OF NORTH SHORE STEAK HOUSE, INC. v. BD. OF APPEALS OF THE INC. VILL. OF THOMASTON

36 A.D.2d 855 (1971)

In the Matter of North Shore Steak House, Inc., Appellant, v. Board of Appeals of the Incorporated Village of Thomaston et al., Respondents

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

April 26, 1971

Judgment affirmed, without costs.

The record reveals a reasonable basis for the denial of petitioner's application for a special exception permit (cf. Matter of Lemir Realty Corp. v. Larkin, 11 N.Y.2d 20). The denial of the use variance must be confirmed. Without considering the prior determination as a bar, the record does not support a finding that the portion of petitioner's property zoned for residential purposes cannot...

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