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  5. 52 N.Y.2d 763 (1980)
 

MATTER OF GERSHOWITZ v. PLANNING BD. OF THE TOWN OF BROOKHAVEN

52 N.Y.2d 763 (1980)

In the Matter of Sam Gershowitz, Appellant, v. Planning Board of the Town of Brookhaven et al., Respondents. Sam Gershowitz, Appellant, v. Town of Brookhaven et al., Respondents.

Court of Appeals of the State of New York.

Decided December 18, 1980.

Attorney(s) appearing for the Case

Oscar J. Bloom and Christopher Steele for appellant.

Martin J. Kerins, Town Attorney (David P. Fishbein of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER and FUCHSBERG concur; Judges JONES and MEYER dissent and vote to affirm in the following memorandum: We agree with the analysis and disposition at the Appellate Division and would accordingly give effect to the stipulation of judgment absolute.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of Special Term reinstated.

The Brookhaven Zoning Board of Appeals, having issued petitioner a special use permit to operate an automobile shredder plant, determined that petitioner's proposed use was in compliance with the Brookhaven Town Code. The use being so approved, the Brookhaven Planning Board was without power...

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