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MATTER OF C & B REALTY CO. v. TOWN BD. OF THE TOWN OF OYSTER BAY

139 A.D.2d 510 (1988)

In the Matter of C & B Realty Co. 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.

April 4, 1988

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

By supplemental petition dated on or about February 26, 1986, the petitioners submitted an application to the Town Board of the Town of Oyster Bay (hereinafter the board) seeking a special use permit to allow the construction, maintenance and occupancy of a Bennigan's restaurant in the Woodbury Plaza Shopping Center. The restaurant — in which a bar would be situated — was to have...

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