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IN THE MATTER OF KANTOR v. OLSEN

9 A.D.3d 814 (2004)

780 N.Y.S.2d 443

In the Matter of DEBORAH KANTOR et al., Appellants, v. ED OLSEN, as Codes Enforcement Officer of the Town of Otsego, et al., Respondents.

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

July 29, 2004.

ROSE, J.

Petitioner Deborah Kantor applied for and obtained a special use permit to operate a restaurant with a capacity of 50 patrons in the Town of Otsego, Otsego County. Later, she applied to the Town's Planning Board (hereinafter Board) for permission to add an outdoor dining area seating 16 additional patrons. When the Board raised concerns about parking, petitioner asserted that she did not need approval for the additional seating. She

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