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MTR. OFF SHORE REST. CORP. v. LINDEN

30 N.Y.2d 160 (1972)

In the Matter of Off Shore Rest. Corp., Respondent, v. David Linden, as Building Commissioner of the City of Long Beach, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 22, 1972.

Attorney(s) appearing for the Case

Peter J. McCormack, Corporation Counsel (David J. Weinblatt and Morton D. Gottlieb of counsel), for appellants.

Zelda Jonas and Robert A. Smith for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, JASEN and GIBSON concur with Judge BREITEL; Judge SCILEPPI dissents and votes to affirm in a separate opinion.

BREITEL, J.

In this article 78 proceeding to review a denial of a building permit and a variance, respondent municipal agencies appeal. The issue is whether a delicatessen in a business district, exempt from off-street parking ordinance as a pre-existing use, may be altered to a cocktail lounge with increased seating capacity, without provision of any off-street parking.

The Zoning Board of Appeals, after...

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