MATTER OF KOGEL v. ZONING BOARD OF APPEALS OF TOWN OF HUNTINGTON


58 A.D.3d 630 (2009)

871 N.Y.S.2d 638

In the Matter of JAMES KOGEL et al., Appellants, v. ZONING BOARD OF APPEALS OF TOWN OF HUNTINGTON et al., Respondents.

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

January 13, 2009.


Ordered that the order and judgment is reversed, on the law, without costs or disbursements, the motion, in effect, for summary judgment declaring that the determination dated September 20, 2006 is valid is denied, the petition is granted, the determination is annulled, and the cause of action for a judgment declaring that the determination is null and void is dismissed as unnecessary.

Since 1982 Tino's Enterprises, Inc. (hereinafter Tino's) has operated a motel on...

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