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MATTER OF TWIN COUNTY RECYCLING CORP. v. YEVOLI

90 N.Y.2d 1000 (1997)

688 N.E.2d 501

665 N.Y.S.2d 627

In the Matter of Twin County Recycling Corp., Respondent, v. Louis Yevoli et al., Comprising the Town Board of the Town of Oyster Bay, Appellants.

Court of Appeals of the State of New York.

Decided October 28, 1997.

Attorney(s) appearing for the Case

John Venditto, Town Attorney of Town of Oyster Bay (Anthony J. Sabino of counsel), for appellants.

Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P. C., Uniondale (Andrew J. Simons and Anthony S. Guardino of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Petitioner owns premises in an area zoned for industrial use by the Town of Oyster Bay from which petitioner has operated an asphalt recycling plant under a special use permit granted by the Town Board in 1982. The 10-year permit was issued after a negative environmental impact finding, and it provided for a five-year renewal after expiration...

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