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MATTER OF THOMAS v. McGRATH

94 A.D.2d 769 (1983)

In the Matter of John C. Thomas, Respondent, v. James J. McGrath, as Director of The Department of Planning and Development, Building Division, of the Town of Islip, Appellant

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

May 23, 1983

Judgment reversed, on the law, and proceeding dismissed, with costs.

Petitioner, a 28-year-old self-employed roofing contractor, brought this proceeding to obtain a fire damage repair permit for a nonconforming wood-frame rooming house erected in approximately 1920. He had purchased the property for $30,000 on August 1, 1977 following a January 28, 1977 fire. Replacement cost was approximately $110,800, and the parties variously...

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