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EXXON CORP. v. BD. OF STDS.

128 A.D.2d 289 (1987)

In the Matter of Exxon Corporation, Respondent, v. Board of Standards and Appeals of the City of New York et al., Appellants

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

May 28, 1987

Attorney(s) appearing for the Case

Margaret G. King of counsel (June A. Witterschein with her on the brief; Peter L. Zimroth, attorney), for appellants.

George A. Burrell of counsel (Robert L. Haig and Scott I. Batterman with him on the brief; Kelley Drye & Warren, attorneys), for respondent.

ASCH, MILONAS, KASSAL and ELLERIN, JJ., concur.

SULLIVAN, J. P.

This appeal presents the issue of whether the New York City Zoning Resolution prohibits the operation of a combination convenience store/gasoline station. We are persuaded that it does not, and affirm the remand of the matter to the Board of Standards and Appeals for a consideration of the relevant factors in determining whether the proposed convenience store satisfies the Zoning Resolution definition...

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