MATTER OF TANDEM HOLDING CORP. v. BD. OF ZONING APPEALS OF THE TOWN OF HEMPSTEAD


43 N.Y.2d 801 (1977)

In the Matter of Tandem Holding Corp., Respondent, v. Board of Zoning Appeals of the Town of Hempstead, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1977.


Attorney(s) appearing for the Case

W. Kenneth Chave, Jr., Town Attorney (Eugene Kirby Ferencik of counsel), for appellant.

Vincent J. De Rosa for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

Order of the Appellate Division reversed, with costs, and the determination of the Board of Zoning Appeals reinstated.

The determination of the board, that petitioner's application did not nor could not, through the imposition of reasonable conditions, meet the standards in the ordinance governing the granting of special exceptions, is sufficiently supported in the record. There was proof that development...

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