MATTER OF GARDINER v. LO GRANDE


83 A.D.2d 614 (1981)

In the Matter of Robert D. L. Gardiner, Appellant, v. Michael A. Lo Grande, as Supervisor of The Town Board of the Town of Islip, et al., Respondents

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

July 20, 1981


Judgment reversed, without costs or disbursements, and matter remitted to Special Term, before a Justice other than the Justice who determined the judgment on appeal, for further proceedings consistent herewith.

Petitioner, owner of an enclosed shopping mall on an approximately 29-acre parcel in the Town of Islip, sought a special permit to establish a game room inside the mall. The town planning board recommended that, on land use criteria, the location of such a...

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