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MATTER OF B & B TAX SERVICE, INC. v. SCHEYER

2 A.D.3d 632 (2003)

768 N.Y.S.2d 355

In the Matter of B & B TAX SERVICE, INC., Appellant, v. RICHARD I. SCHEYER et al., Respondents.

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

December 15, 2003.

Ordered that the judgment is affirmed, with costs.

In 1972 the petitioner purchased a parcel of real property in the County of Suffolk and sought permission from the Town Board of the Town of Islip (hereinafter the Town Board) to change the zone of the premises to accommodate "outdoor storage and display of camping equipment." In 1974 the Town Board adopted the application subject to the filing of a restrictive covenant which provided, inter alia, "[a]pplicant-owner...

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