GRIMALDI v. SUFFOLK COUNTY DEP'T OF HEALTH SERVS.


118 A.D.2d 621 (1986)

Stephen D. Grimaldi et al., Petitioners, v. Suffolk County Department of Health Services et al., Respondents

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

March 10, 1986


Petition granted to the extent that the determination is annulled, on the law, with costs payable by the department to the petitioners, and matter remitted to the department for a new hearing and determination in accordance herewith. In all other respects, petition denied and proceeding dismissed on the merits.

The record lacks substantial evidence to support the department's determination to grant the respondent De Betta a variance. The record does not show that...

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