P. R. W. AUTO SERV., LTD. v. BD. OF ZONING APPEALS OF THE TOWN OF SMITHTOWN


36 A.D.2d 956 (1971)

P. R. W. Auto Service, Ltd., Respondent, v. Board of Zoning Appeals of the Town of Smithtown, Appellant, et al., Respondent

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

May 10, 1971


Order reversed insofar as appealed from, on the law and in the interests of justice, without costs; in accordance, the first decretal paragraph of the order is stricken; cross motion by the Board of Zoning Appeals of the Town of Smithtown to dismiss the petition denied insofar as said board is concerned; and matter remitted to said Board of Zoning Appeals for further proceedings not inconsistent with the views set forth herein.

Petitioner operates a body and fender...

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