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MATTER OF McDERMOTT v. ROSE

148 A.D.2d 615 (1989)

In the Matter of Gertrude McDermott, Appellant, v. Henry W. Rose et al., Constituting The Board of Zoning Appeals of the Town of Hempstead, Respondents

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

March 20, 1989

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted to the extent of annulling the determination in question and the matter is remitted to the Board of Zoning Appeals which is directed to grant the application for the variances upon such conditions as it deems appropriate.

The petitioner is entitled to the requested area and width variances under the doctrine of single and separate ownership,

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