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MATTER OF TRICON GLOBAL RESTAURANTS, INC. v. CURRAN

309 A.D.2d 868 (2003)

766 N.Y.S.2d 56

In the Matter of TRICON GLOBAL RESTAURANTS, INC., et al., Appellants, v. WILLIAM CURRAN et al., Respondents.

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

Decided October 20, 2003.

Ordered that the judgment is affirmed, with costs.

The petitioner Tricon Global Restaurants, Inc. (hereinafter Tricon), sought a special exception permit to construct a fast-food restaurant with a drive-through lane for take-out purchases in a parcel partially zoned for business use, extending approximately 40 feet into a residential zone. Village of Freeport Code § 210-12 (F) permits the extension of a business use as much as 50 feet into a more restricted district...

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