MATTER OF MIAN ENTERPRISES, INC. v. EASA


291 A.D.2d 559 (2002)

738 N.Y.S.2d 248

In the Matter of MIAN ENTERPRISES, INC., Respondent, v. JACK EASA, as Acting Chairman of the Town of Hempstead Board of Zoning Appeals, et al., Appellants.

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

Decided February 25, 2002.


Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.

Contrary to the Supreme Court's determination, the Town of Hempstead Board of Zoning Appeals correctly denied the petitioner's application for special use permits and area variances. The denial of the petitioner's application was rationally based and supported by substantial evidence...

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