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WHITMAN GAME ROOM v. ZONING BD.

62 A.D.2d 183 (1978)

In the Matter of Walt Whitman Game Room, Inc., Appellant, v. Zoning Board of Appeals of the Town of Huntington et al., Respondents

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

April 17, 1978

Attorney(s) appearing for the Case

Jaspan, Kaplan & Levin (A. Thomas Levin of counsel), for appellant.

Ronald Glickman, Town Attorney (Frank J. Mack of counsel), for respondents.

LATHAM and O'CONNOR, JJ., concur with SUOZZI, J.; GULOTTA, J., dissents and votes to affirm the judgment with an opinion, in which MOLLEN, P. J., concurs.

SUOZZI, J.

The issue to be decided on this appeal is whether the Huntington Zoning Board of Appeals' interpretation of section 62-5.5 of the Huntington Zoning Ordinance was reasonable.

Petitioner, the conditional lessee of premises located in the Walt Whitman Shopping Center in Suffolk County, applied to the Huntington Zoning Board of Appeals for a special exception permit to operate a game room therein...

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