CUPID'S VIDEO BOUTIQUE, INC. v. ROTH


203 A.D.2d 70 (1994)

610 N.Y.S.2d 24

Cupid's Video Boutique, Inc., Respondent, v. David Roth et al., Individually and Constituting The Zoning Board of Appeals of the Town of Babylon, Appellants

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

April 7, 1994


In this proceeding pursuant to CPLR article 78 the petitioner sought to annul the determination of the respondent Zoning Board of Appeals, which, inter alia, denied petitioner an adult use permit requested as of right, on the ground that the adult use was within a 500 foot radius of a residential area. The petitioner's main contention is that the respondent Board's measurement of the 500 foot radius from the property line...

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