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MATTER OF ROSANO v. TOWN BD. OF THE TOWN OF RIVERHEAD

43 A.D.2d 728 (1973)

In the Matter of Romeo Rosano et al., Respondents, v. Town Board of the Town of Riverhead et al., Appellants

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

December 24, 1973

Judgment reversed, on the law, without costs, and proceeding dismissed on the merits.

The zoning ordinance, as amended on December 5, 1972, prohibits garden apartments in the zoning district in question and, therefore, the right to the requested special permit no longer exists. This appeal must be decided on the law as it now exists (Matter of Boardwalk & Seashore Corp. v. Murdock, 286 N.Y. 494; Matter of Dengeles...

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