MATTER OF C & S GOLF & COUNTRY CLUB CORP. v. STEVENS


60 A.D.2d 841 (1978)

In the Matter of C & S Golf & Country Club Corp., Respondent, v. Byam K. Stevens, Jr., et al., Constituting The Board of Zoning Appeals of the Incorporated Village of Muttontown, Appellants

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

January 3, 1978


Judgment modified, on the law, by deleting from the second decretal paragraph thereof the following words: "on an application for a use variance and related and incidental relief", and by substituting therefor the following words at the end of said paragraph: "based on the circumstances of the case, taking into account whether the petitioner is entitled to relief on the ground of vested rights." As so modified, judgment affirmed, without costs or disbursements.

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