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MATTER OF AM. OIL CO. v. PURCELL

40 A.D.2d 826 (1972)

In the Matter of American Oil Company, Appellant, v. Francis T. Purcell et al., Constituting The Town Board of the Town of Hempstead, Respondents

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

November 6, 1972

Judgment affirmed, with costs.

No opinion.

Munder, J., dissents and votes to reverse the judgment and to direct respondents to issue a permit as sought by petitioner, subject to any reasonable conditions respondents deem appropriate, with the following memorandum:

Petitioner's property is located in an area in Inwood, Town of Hempstead, classified under the zoning ordinance of the town as an industrial district. In such a district, a gasoline...

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