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  5. 98 N.Y.2d 190 (2002)
 

RETAIL PROP. v. APPEALS BD.

98 N.Y.2d 190 (2002)

774 N.E.2d 727

746 N.Y.S.2d 662

In the Matter of RETAIL PROPERTY TRUST, Respondent, v. BOARD OF ZONING APPEALS OF TOWN OF HEMPSTEAD, Appellant. INCORPORATED VILLAGE OF GARDEN CITY, Intervenor-Appellant; HARDY F. GLASS, INC., Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided July 1, 2002.

Attorney(s) appearing for the Case

Cullen and Dykman, LLP, Garden City (Thomas S. Baylis of counsel), and Joseph J. Ra, Town Attorney, Hempstead, and Charles S. Kovit for appellants.

Certilman Balin Adler & Hyman, LLP, East Meadow (M. Allan Hyman, Donna-Marie Korth and Candace Reid Gladston of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

CIPARICK, J.

In March 1999, respondent Board of Zoning Appeals of the Town of Hempstead denied a request by petitioner Retail Property Trust (RPT) for a special exception to expand the structure and parking facilities on its property, the Roosevelt Field Shopping Mall, in order to accommodate a Saks Fifth Avenue department store. RPT then commenced this CPLR article 78 proceeding to annul...

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