MATTER OF PRUDCO REALTY CORP. v. PALERMO


60 N.Y.2d 656 (1983)

In the Matter of Prudco Realty Corp., Respondent, v. Gerald E. Palermo et al., Constituting the Zoning Board of Appeals of the Town of Brookhaven, Respondents, and S. F. Shopping Center, Inc., Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided September 20, 1983.


Attorney(s) appearing for the Case

William A. Wismann for intervenor-appellant.

Floyd G. Grossman for Prudco Realty Corp., respondent.

Martin J. Kerins and Sherri Ann Levy for Gerald E. Palermo and others, respondents.

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


MEMORANDUM.

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

Petitioner commenced this article 78 proceeding to review a determination of the zoning board of appeals (Board) that granted an application of the intervenor-respondent-appellant, S. F. Shopping Center, Inc., for a certificate of existing use for the operation of a gasoline service station. S. F. Shopping Center, Inc., interposed its...

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