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N. SHORE STEAK HOUSE v. THOMASTON

30 N.Y.2d 238 (1972)

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

Court of Appeals of the State of New York.

Decided March 24, 1972.

Attorney(s) appearing for the Case

Charles R. Van de Walle and James Sawyer for appellant.

Bruce D. Mencher for respondents.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

BURKE, J.

In this article 78 proceeding, appellant North Shore Steak House, Inc. (hereafter North Shore) seeks to review a decision of the Board of Appeals of the Village of Thomaston (hereafter the Board) denying North Shore's application for: (1) a special exception permit to extend its parking area, on its split zoned lot, 25 feet into a single-family residence district, and (2) a hardship variance permitting...

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