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MATTER OF B.J.L., INC. v. ZONING BOARD OF APPEALS OF TOWN OF CLARKSTOWN

15 A.D.3d 650 (2005)

In the Matter of B.J.L., INC., Doing Business as LATERRAZZA, et al., Respondents, v. ZONING BOARD OF APPEALS OF TOWN OF CLARKSTOWN et al., Appellants.

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

February 28, 2005.

Ordered that the judgment is reversed, on the law, with costs, the determination of the Zoning Board of Appeals of the Town of Clarkstown is reinstated, the petition is denied, and the proceeding is dismissed.

The petitioner B.J.L., Inc., doing business as LaTerrazza (hereinafter the petitioner), is the owner of a restaurant that is approximately 4,330 square feet, with an additional outdoor deck area that is approximately 3,600 square feet. The deck was constructed...

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