GERSHOWITZ v. PLANNING BD.


69 A.D.2d 460 (1979)

In the Matter of Sam Gershowitz, Respondent, v. Planning Board of the Town of Brookhaven et al., Appellants Sam Gershowitz, Respondent, v. Town of Brookhaven et al., Appellants

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

July 30, 1979


Attorney(s) appearing for the Case

Joseph R. Mule, Town Attorney (David P. Fishbein of counsel), for appellants.

Christopher Steele and Archibald & Bloom (Oscar J. Bloom of counsel), for respondent.

SUOZZI, J. P., O'CONNOR, MARTUSCELLO and MANGANO, JJ., concur.


Per Curiam.

The prime issue to be decided on this appeal is whether the operation of an automobile shredder on petitioner's premises was a permitted use as of right without the need for a special permit in a light industry (L-1 industrial) zone under section 85-154 of the Brookhaven Town Code. Special Term held that the proposed use and the ordinance involved in this proceeding were "virtually indistinguishable" from...

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