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MATTER OF McDONALD v. ZONING BOARD OF APPEALS OF TOWN OF ISLIP

31 A.D.3d 642 (2006)

819 N.Y.S.2d 533

In the Matter of GARY McDONALD, Appellant, v. ZONING BOARD OF APPEALS OF TOWN OF ISLIP, Respondent.

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

July 18, 2006.

Ordered that the judgment is affirmed, with costs.

It is undisputed that for three generations, dating back to the 1930's, the petitioner's family operated a landscaping and excavation business on a 2.6-acre parcel of property located within an area now designated for industrial 1 use in the Town of Islip. The petitioner seeks review of so much of a determination of the Zoning Board of Appeals of the Town of Islip (hereinafter the ZBA) as denied that branch of his...

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