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MATTER OF ONE PELHAM RD. CO. v. PADUANO

123 A.D.2d 768 (1986)

In the Matter of One Pelham Road Company et al., Respondents, v. Leonard Paduano et al., Appellants

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

October 20, 1986

Ordered that the judgment is modified, on the law, by deleting the provision thereof enjoining the City of New Rochelle from proceeding on the proposed zoning ordinance change. As so modified, the judgment is affirmed, without costs or disbursements.

The petitioners are the owners and leaseholders of property located within a CM-1 zone within the City of New Rochelle. A permitted use in a CM-1 district is an "Eating and Drinking Establishment excluding Fast Food Purveyors...

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