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MATTER OF GARDINER v. LO GRANDE

92 A.D.2d 611 (1983)

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

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

February 28, 1983

Judgment affirmed, without costs or disbursements.

In 1979 the petitioner, the owner of an enclosed shopping mall in the Town of Islip, sought a special permit to establish a game room inside the mall. The town board summarily denied the application and petitioner commenced the instant CPLR article 78 proceeding to review its determination. During the pendency of the proceeding, and after Special Term had reserved decision on the matter, the town board, without informing...

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