MATTER OF FRANKLIN SQUARE DONUT SYSTEM, LLC v. WRIGHT


63 A.D.3d 927 (2009)

881 N.Y.S.2d 163

In the Matter of FRANKLIN SQUARE DONUT SYSTEM, LLC, Doing Business as DUNKIN' DONUTS, Appellant, v. GERALD G. WRIGHT, et al., Respondents.

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

Decided June 16, 2009.


Ordered that the judgment is affirmed, with costs.

The petitioner operates a Dunkin' Donuts franchise on the northeast corner of Franklin Avenue and Ferngate Drive in Franklin Square in the Town of Hempstead. Franklin Avenue is a main thoroughfare, while Ferngate Drive provides ingress from Franklin Avenue to a residential neighborhood. The property is located in a business district. In 1986 the Town of Hempstead Board of Appeals (hereinafter the Board) granted the...

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