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COVE PIZZA v. HIRSHON

61 A.D.2d 210 (1978)

In the Matter of Cove Pizza, Inc., et al., Petitioners, v. Dorothy Hirshon et al., Constituting The Planning Board of the City of Glen Cove, Respondents

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

February 6, 1978

Attorney(s) appearing for the Case

David Quient for petitioners.

Nicholas A. Sordi, Jr., City Attorney, for respondents.

DAMIANI, J. P., and MARGETT, J., concur; COHALAN, J., dissents and votes to confirm the determination and dismiss the proceeding on the merits.

SHAPIRO, J.

Petitioner Cove Pizza, Inc., is the lessee of premises owned by petitioner J.J.E. Development Corp. Cove Pizza sought approval of an application for a special use permit to operate a pizzeria in the City of Glen Cove. The respondent planning board denied its application. We annul the determination and direct that the application be granted.

Included among the special uses permitted in the...

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