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IN THE MATTER OF MacGREGOR v. DEREVLANY

7 A.D.3d 624 (2004)

777 N.Y.S.2d 156

IN THE MATTER OF RICHARD MacGREGOR ET AL., Respondents, v. MARGARET DEREVLANY ET AL., Appellants, and RICKY ROMAN ET AL., Intervenors.

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

May 10, 2004.

Ordered that the judgment is reversed, on the law and the facts, with costs, the petition is denied, and the proceeding is dismissed on the merits.

The petitioners submitted an application for a special use permit to open a children's day-care facility for approximately 40 children, in a house located in the Town of Yorktown (hereinafter the Town). The petitioners currently operate a group day-care center for 14 children at the house, which is an as-of-right use....

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