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IN THE MATTER OF D'AGOSTINO BROTHERS ENTERPRISES, INC. v. VECCHIO

13 A.D.3d 369 (2004)

786 N.Y.S.2d 90

In the Matter of D'AGOSTINO BROTHERS ENTERPRISES, INC., Respondent, v. PATRICK R. VECCHIO et al., Appellants.

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

December 6, 2004.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the determination is confirmed, the hybrid proceeding and action is dismissed on the merits, and it is declared that a transfer station is not a "junkyard" within the meaning of Town of Smithtown Code § 322-3.

Subsequent to the judgment dated August 5, 2003, which granted the petition and directed the Town Board of the Town of Smithtown (hereinafter the Board) to issue to the...

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