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MATTER OF MONRO MUFFLER/BRAKE, INC. v. TOWN BD. OF THE TOWN OF PERINTON

222 A.D.2d 1069 (1995)

635 N.Y.S.2d 882

In the Matter of Monro Muffler/Brake, Inc., et al., Appellants, v. Town Board of the Town of Perinton, Respondent

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

December 22, 1995

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly determined that the failure of respondent to approve by a majority vote the application of petitioner Monro Muffler/Brake, Inc., for a special use permit to construct an automobile repair shop in the northwest corner of the Perinton Square Mall constituted a valid determination to deny the application. The fact that two members voted to grant the application, two members voted...

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