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MATTER OF CBS REALTY, INC. v. NOTO

139 A.D.2d 645 (1988)

In the Matter of CBS Realty, Inc., Respondent, v. Anthony Noto et al., Constituting The Town Board of the Town of Babylon, Appellants

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

April 18, 1988

Ordered that the judgment is reversed, on the law, the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

An applicant for a special use permit must establish that the proposed use complies with the zoning ordinance (see, Matter of Tandem Holding Corp. v Board of Zoning Appeals, 43 N.Y.2d 801, 802; Wisoff v Amelkin, 123 A.D.2d 623

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