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REIZEL, INC. v. EXXON CORP.

42 A.D.2d 500 (1973)

Reizel, Inc., et al., Respondents, v. Exxon Corporation, Appellant, et al., Defendants Exxon Corporation, Appellant, v. Town Board of the Town of Oyster Bay, Respondent

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

November 5, 1973.

Attorney(s) appearing for the Case

Pratt, Caemmerer & Cleary (George C. Pratt, Samuel S. Tripp and Richard P. Broder of counsel), for appellant.

Stern, Gillies & Kurtzberg, P. C. (Joseph Stern of counsel), for Reizel, Inc. and another, respondents.

John M. Conroy, Town Attorney (Charles F. Lynch of counsel), for Town Board of the Town of Oyster Bay, respondent.

HOPKINS, Acting P. J., LATHAM, SHAPIRO and BENJAMIN, JJ., concur.

GULOTTA, J.

These companion appeals deal with two separate cases — a proceeding under article 78 of the CPLR and an action for a declaratory judgment.

The article 78 proceeding was instituted by Exxon Corporation, the holder of a special use permit to build and maintain a gasoline service station, against the Town Board of the Town of Oyster Bay. It sought to annul a determination of the board...

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