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IN THE MATTER OF PLANNED PARENTHOOD OF NASSAU COUNTY, INC. v. TOWN BOARD OF THE TOWN OF OYSTER BAY

9 A.D.3d 410 (2004)

781 N.Y.S.2d 354

In the Matter of PLANNED PARENTHOOD OF NASSAU COUNTY, INC., Appellant, v. TOWN BOARD OF THE TOWN OF OYSTER BAY et al., Respondents.

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

July 12, 2004.

Ordered that the judgment is affirmed, with costs.

The petitioner maintains that the resolution of the Town Board of the Town of Oyster Bay (hereinafter the Town Board), which removed a restrictive covenant on certain property located across the street from its property, was arbitrary and capricious. The covenant at issue prohibited use of the second floor of the subject property for any purpose other than for storage. The present owner of the subject property, the...

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