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MATTER OF OYSTER BAY ASSOCIATES LIMITED PARTNERSHIP v. TOWN BOARD OF TOWN OF OYSTER BAY

303 A.D.2d 410 (2003)

755 N.Y.S.2d 671

In the Matter of OYSTER BAY ASSOCIATES LIMITED PARTNERSHIP et al., Respondents, v. TOWN BOARD OF TOWN OF OYSTER BAY et al., Appellants.

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

Decided March 3, 2003.

Ordered that the order is affirmed, with one bill of costs payable by the appellants Birchwood Civic Association at Jericho, Inc., Debbi Hunter, and Warren Church.

Contrary to the appellants' contention, the Supreme Court properly determined that the denial by the Town Board of the Town of Oyster Bay (hereinafter the Town Board) of the petitioners' application for a special use permit was arbitrary and capricious. There was insufficient evidence to support a

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