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TOWN OF HUNTINGTON v. FIVE TOWNS COLLEGE REAL PROPERTY TRUST

293 A.D.2d 467 (2002)

740 N.Y.S.2d 107

TOWN OF HUNTINGTON, Appellant, v. FIVE TOWNS COLLEGE REAL PROPERTY TRUST et al., Respondents. (Matter No. 1.) In the Matter of FIVE TOWNS COLLEGE REAL PROPERTY TRUST et al., Respondents, v. THOMAS A. MAZZOLA et al., Appellants. (Matter No. 2.)

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

Decided April 1, 2002.

Ordered that the judgment is reversed, on the law, with one bill of costs, the petition is denied and the determination is confirmed in Matter No. 2, the complaint is reinstated in Matter No. 1, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings consistent herewith.

A zoning board of appeals is empowered to interpret the provisions of a local zoning ordinance, and the judicial function in reviewing a board's decision is a limited...

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