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MATTER OF F & D REALTY CO. v. NOTO

127 A.D.2d 765 (1987)

In the Matter of F & D Realty Co., Respondent, v. Anthony Noto, as Supervisor of The Town Board of the Town of Babylon, et al., Appellants

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

February 17, 1987

Ordered that the judgment is reversed insofar as appealed from, without costs or disbursements, and the provision in the judgment awarding the petitioner an additional allowance of $3,000 pursuant to CPLR 8303 (a) (2) is deleted.

This proceeding was commenced after the appellants, constituting the Town Board of the Town of Babylon, denied the petitioner's application for a special permit to use its property for a bar-restaurant...

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