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MATTER OF REX REALTY OF CONNECTICUT, INC. v. BRODERICK

215 A.D.2d 664 (1995)

628 N.Y.S.2d 500

In the Matter of Rex Realty of Connecticut, Inc., et al., Respondents, v. William Broderick et al., Appellants

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

May 22, 1995

Ordered that the judgment is affirmed, with costs.

The record does not support the Planning Board's contention that its determination was based upon public health, safety, and general welfare concerns (see, Esposito Bldrs. v Coffman., 183 A.D.2d 828). Thus, the Supreme Court properly determined that the Planning Board's findings are unsupported by the record, and it properly...

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