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  5. 53 N.Y.2d 621 (1981)
 

BRICK HILL CONSTR. CORP. v. ZONING BD. OF APPEALS OF TOWN OF SOMERS

53 N.Y.2d 621 (1981)

Brick Hill Construction Corp. et al., Appellants, v. Zoning Board of Appeals of Town of Somers, Respondent.

Court of Appeals of the State of New York.

Decided March 24, 1981.

Attorney(s) appearing for the Case

Miles F. McDonald, Jesse Climenko and Stevan Keram for appellant.

Henry J. Smith and James G. Fine for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

After a hearing the zoning board of appeals denied appellant's application for a special exception use permit to excavate sand and gravel. There was substantial evidence in the record to support, and thus a rational basis for, the determination of the board made on the grounds that the proposed...

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