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MATTER OF NECKER POTTICK, FOX RUN WOODS BUILDERS CORP. v. DUNCAN

251 A.D.2d 333 (1998)

673 N.Y.S.2d 740

In the Matter of Necker Pottick, Fox Run Woods Builders Corp., Appellant, v. Thomas J. Duncan, as Chairman of the Zoning Board of Appeals of the Town of Oyster Bay, et al., Respondents

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

June 1, 1998

Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements, the determination of the Zoning Board of Appeals of the Town of Oyster Bay denying the application for a variance in connection with Section 25, Block 4, Lot 307 of the Nassau County Tax Map is annulled, and the application is granted.

The petitioner, Necker Pottick, Fox Run Woods Builders Corp., is the contract vendee...

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