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MATTER OF FRITTITA v. PAX

251 A.D.2d 1077 (1998)

675 N.Y.S.2d 577

In the Matter of Arna Frittita, Respondent, v. James H. Pax, as Supervisor of Town of Grand Island, et al., Appellants, et al., Intervenors

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

June 10, 1998

Judgment unanimously reversed on the law with costs and petition dismissed.

Memorandum:

Supreme Court erred in annulling the determination of the Town Board of Grand Island (Board) that denied the application of petitioner for a special use permit to keep a horse on her property and in directing the Board to issue a special use permit to petitioner. "Entitlement to a special [use] permit is not a matter of right (Matter of Lemir Realty Corp. v Larkin

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