MATTER OF WOODBURY HOLDING CORP. v. BURKE


53 A.D.2d 617 (1976)

In the Matter of Woodbury Holding Corp. et al., Respondents, v. John W. Burke et al., Constituting The Town Board of the Town of Oyster Bay, Appellants

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

June 1, 1976


Judgment modified by deleting therefrom the direction that appellants grant the extension "forthwith", and substituting therefor a provision directing appellants to entertain the application for an extension of the special use permit. As so modified, judgment affirmed, without costs or disbursements.

Petitioners' application in 1967 for a special use permit to construct a theater in the Plainview Shopping Center was granted on July 15, 1969, following a direction...

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