MATTER OF CAPRI v. TOWN OF BABYLON


195 A.D.2d 506 (1993)

601 N.Y.S.2d 821

In the Matter of Richard Capri, Respondent, v. Town of Babylon et al., Appellants

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

July 12, 1993


Ordered that the judgments are modified, on the law, by adding to each judgment a provision that the special exception permit shall be subject to such reasonable conditions as the Zoning Board of Appeals of the Town of Babylon may find necessary; as so modified, the judgments are affirmed, without costs or disbursements.

We find that the petitioner submitted sufficient proof that the contemplated uses were in conformance with the statutory preconditions for issuance...

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