Standards for operation of the type of home operated by petitioner are found in section 758 of the Executive Law. While the court is without authority to circumvent the statutory provisions by directing issuance of an appropriate permit without the proceedings set forth therein, respondent may not sit on his hands but must proceed to process petitioner's application in due time. (Matter of Rochester Gas and Elec. Corp. v. Maltbie, 272 App. Div. 162.) The counterclaim...
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