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MATTER OF ROBERT KAPSON ENTERS., LTD. v. PLANNING BD. OF THE INC. VILL. OF AMITYVILLE

65 A.D.2d 796 (1978)

In the Matter of Robert Kapson Enterprises, Ltd., Respondent, v. Planning Board of the Incorporated Village of Amityville, Appellant

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

November 20, 1978

Judgment affirmed, without costs or disbursements, on the opinion of Mr. Justice Aspland at Special Term.

Suozzi, J., dissents and votes to reverse the judgment and remand the proceeding to Special Term for judicial review of the planning board's determination pursuant to CPLR article 78, with the following memorandum:

The Planning Board of the Incorporated Village of Amityville consists of five members. On an application by the petitioner, a...

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