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MATTER OF FRANCHISE REALTY INTERSTATE CORP. v. PISATURO

75 A.D.2d 1003 (1980)

In the Matter of Franchise Realty Interstate Corporation, Respondent, v. John J. Pisaturo et al., Constituting The Zoning Board of Appeals of the Town of Gates, Appellants

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

May 23, 1980

Judgment unanimously reversed, without costs and matter remitted to the zoning board of appeals for further proceedings in accordance with the following memorandum: Petitioner owns a fast food restaurant in the Town of Gates. The structure was built in 1966. In 1976 an amendment to the town zoning ordinance increased the applicable setback requirements. In 1979 petitioner applied to the town zoning board of appeals for variances...

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