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MATTER OF DRIES v. TOWN BOARD OF TOWN OF RIVERHEAD

305 A.D.2d 596 (2003)

759 N.Y.S.2d 367

In the Matter of WILLIAM DRIES et al., Appellants, v. TOWN BOARD OF TOWN OF RIVERHEAD, Respondent.

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

Decided May 19, 2003.

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that there was substantial evidence in the record to support the determination of the respondent Town Board of the Town of Riverhead (hereinafter the Town Board) to deny the petitioners' application for a special use permit to build two restaurants located between two outlet malls, Tanger I and Tanger II. The application failed to comply with all the conditions necessary under Riverhead...

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