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

160 A.D.2d 805 (1990)

In the Matter of Old Country Burgers Co., Inc., Appellant, v. Town Board of the Town of Oyster Bay, Respondent

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

April 9, 1990

Ordered that the appeal from the order dated September 15, 1987, is dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is modified, on the law, by deleting from the second decretal paragraph thereof the words "including but not limited to Condition No. `11' which prohibits use of a drive-through window at petitioner's premises between the hours of 8 A.M. and 9:30 A.M.; 12 Noon and 1:30 P.M.; and 5 P.M. and 6:30 P.M."; as so modified...

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