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MATTER OF OLD COUNTY BURGERS CO., INC. v. TOWN BD. OF THE TOWN OF OYSTER BAY

127 A.D.2d 772 (1987)

In the Matter of Old County Burgers Co., Inc., et al., Respondents, v. Town Board of the Town of Oyster Bay, Appellant

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

February 17, 1987

Ordered that the judgment is affirmed, without costs or disbursements.

The specific findings made by the appellant in support of its denial of the petitioner's application are not supported by substantial evidence in the record (see, Matter of Sullivan v Town Bd., 102 A.D.2d 113, appeal dismissed 63 N.Y.2d 952). Accordingly, the determination was properly annulled. We likewise find no error in directing the...

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