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IN THE MATTER OF RIECO PROPERTIES, INC. v. TOWN OF HEMPSTEAD

20 A.D.3d 541 (2005)

797 N.Y.S.2d 912

In the Matter of RIECO PROPERTIES, INC., Respondent, v. TOWN OF HEMPSTEAD et al., Appellants.

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

July 18, 2005.

Ordered that the judgment is affirmed, with costs.

The petitioner, Rieco Properties, Inc., commenced this proceeding to challenge a determination of the respondent Zoning Board of Appeals of the Town of Hempstead denying its application for a building permit for a construction and demolition debris processing facility. We affirm the Supreme Court's annulment of the determination, as it was arbitrary and capricious and not supported by substantial evidence in the record...

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