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IN THE MATTER OF 7-ELEVEN, INC. v. PLANNING BOARD OF THE TOWN OF ISLIP

21 A.D.3d 383 (2005)

798 N.Y.S.2d 912

In the Matter of 7-ELEVEN, INC., et al., Respondents, v. PLANNING BOARD OF THE TOWN OF ISLIP et al., Appellants.

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

August 1, 2005.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly annulled the determination of the Planning Board of the Town of Islip which denied the petitioners' application for a special use permit to operate a 24-hour convenience store and a corresponding reduction in the parking space requirement, since it was not supported by substantial evidence (see Matter of Holbrook v. Assoc. Dev. Co. v. McGowan, 261 A.D.2d 620

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