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MATTER OF LEISURE TIME BILLIARDS, INC. v. ROSE

201 A.D.2d 340 (1994)

607 N.Y.S.2d 312

In the Matter of Leisure Time Billiards, Inc., Respondent, v. Henry W. Rose et al., Appellants

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

February 10, 1994

Respondent's determination denying petitioner a special exception license was not supported by substantial evidence since the record was devoid of evidence showing that the billiard parlor would have an undesirable effect on the surrounding community (see, Matter of Pleasant Val. Home Constr. v Van Wagner, 41 N.Y.2d 1028).

The denial of the off-street parking permit was arbitrary...

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