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MATTER OF C.B.H. PROPS., INC. v. ROSE

205 A.D.2d 686 (1994)

613 N.Y.S.2d 913

In the Matter of C.B.H. Properties, Inc., Appellant, v. Henry W. Rose et al., Respondents

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

June 20, 1994

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, the determination is annulled, and the matter is remitted to the Board of Zoning Appeals of the Town of Hempstead for the purposes of (1) issuing the special exception permit requested by the petitioner, subject to appropriate conditions and restrictions as the Board of Zoning Appeals of the Town of Hempstead may find necessary, and (2) determining on the merits the...

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