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MATTER OF REAL HOLDING CORP. v. LEHIGH

304 A.D.2d 583 (2003)

756 N.Y.S.2d 893

In the Matter of REAL HOLDING CORP. et al., Respondents, v. ALAN LEHIGH et al., Appellants.

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

Decided April 7, 2003.

Ordered that the judgment is affirmed, with costs.

Contrary to the contention of the Zoning Board of Appeals of the Town of Wappinger, Town Law § 274-b does not preclude the granting of a special use permit by a Town Board after a variance has been obtained for specific special use permit criteria from a Zoning Board of Appeals. Indeed, Town Law § 274-b (3) expressly provides for the issuance of a special use permit in conjunction with an area variance ...

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