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  5. 161 A.D.2d 1187 (1990)
 

MATTER OF PINE HILL CONCRETE MIX CORP. v. TOWN OF NEWSTEAD ZONING BD. OF APPEALS

161 A.D.2d 1187 (1990)

In the Matter of Pine Hill Concrete Mix Corporation, Appellant, v. Town of Newstead Zoning Board of Appeals, Respondent. (Appeal No. 1.)

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

May 11, 1990

Judgment unanimously reversed on the law without costs, petition granted and matter remitted to respondent for further proceedings, in accordance with the following memorandum:

On this record, respondent's denial of petitioner's application for a gravel pit permit was arbitrary and capricious (see, Matter of Pell v Board of Educ. 34 N.Y.2d 222, 231). The proposed gravel...

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