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MATTER OF CARLINGTON CORP. v. SIEGEL

61 A.D.2d 813 (1978)

In the Matter of Carlington Corp. et al., Appellants, v. Harry J. Siegel et al., Constituting The Board of Zoning and Appeals of the Town of North Hempstead, Respondents

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

February 14, 1978

Judgment affirmed, with costs.

We agree that the petition was properly dismissed and that the board's denial of petitioners' application was supported by substantial evidence. However, we note that the board indicated in its findings that the prior nonconforming use of the premises as a retail grocery store had been abandoned and that, as a result, pursuant to section 70-208L of the Town Code the nonconforming status had been lost. This finding was improper. The issue...

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