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MATTER OF EXXON CORP. v. RESTIANO

237 A.D.2d 356 (1997)

655 N.Y.S.2d 439

In the Matter of Exxon Corporation, Appellant, v. Vincenza Restiano, as President of City Council of City of Yonkers, et al., Respondents

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

March 10, 1997

Ordered that on the Court's own motion the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted; and it is further,

Ordered that the order is reversed, on the law, with costs, the determination is annulled, the petition is granted, and the matter is remitted to the City Council of the City of Yonkers for the purpose of issuing the special exception use permit requested by the petitioner subject to the conditions...

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