MATTER OF ROGINSKI v. ROSE


97 A.D.2d 417 (1983)

In the Matter of John Roginski, Petitioner, v. Henry W. Rose, as Chairman of The Zoning Board of Appeals of the Town of Hempstead, et al., Respondents

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

October 3, 1983


Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

There was a rational basis for and substantial evidence in the record to support the determination of the Zoning Board of Appeals of the Town of Hempstead that the proposed use did not comply with the standards in the ordinance that govern the granting of special exception permits. A special use permit may be granted only upon the prior approval of the board of appeals...

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