MATTER OF HOME DEPOT U.S.A., INC. v. VILLAGE OF ROCKVILLE CENTRE


295 A.D.2d 426 (2002)

743 N.Y.S.2d 541

In the Matter of HOME DEPOT U.S.A., INC., et al., Appellants, v. VILLAGE OF ROCKVILLE CENTRE et al., Respondents.

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

Decided June 10, 2002.


Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is modified by adding a provision thereto declaring that the petitioners' building permit application was subject to review under the Village of Rockville Centre Zoning Code as amended in February 2001; as so modified, the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents.

The appeal from the intermediate...

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