MATTER OF PRUDCO REALTY CORP. v. PALERMO


93 A.D.2d 837 (1983)

In the Matter of Prudco Realty Corp., Appellant, 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-Respondent

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

April 11, 1983


Judgment reversed, on the law, with costs payable to petitioner by intervenor-respondent S. F. Shopping Center, Inc., petition granted, determination annulled and application denied. Special Term erred in holding that petitioner lacked standing to bring the instant proceeding.

As an owner of property located within 200 feet of the subject premises, petitioner was, as a matter of law, an "aggrieved" person on whom subdivision 7 of section 267 of the Town Law conferred...

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