TOWN OF HUNTINGTON v. OTTEN PONTIAC, INC.


43 A.D.2d 857 (1974)

Town of Huntington et al., Appellants, v. Otten Pontiac, Inc., et al., Respondents

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

January 21, 1974


Judgment modified, on the law, by deleting therefrom the third decretal paragraph, which directs the zoning board to issue the special use permit, and by substituting therefor a provision that defendants may apply to the Zoning Board of Appeals of the Town of Huntington for the special use permit.

As so modified, judgment affirmed insofar as appealed from, without costs and without prejudice to the reinstitution of this action should defendants fail to make such application...

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