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MATTER OF DAIRY BARN STORES, INC. v. KERN

170 A.D.2d 679 (1991)

In the Matter of Dairy Barn Stores, Inc., Appellant, v. Roy M. Kern et al., Constituting The Board of Zoning Appeals of the Town of Smithtown, Respondents

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

February 25, 1991

Ordered that the judgment is affirmed, with costs.

We agree, for essentially those reasons outlined in the decision of Justice McCarthy dated August 2, 1989, that the determination of the Zoning Board of Appeals of the Town of Smithtown was supported by substantial evidence. We note, in particular, the existence of credible evidence that the granting of the area variance requested by the petitioner would be harmful to the public welfare. The Board of Zoning Appeals...

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