Ordered that, upon remittitur from the Court of Appeals, the judgment of the Supreme Court, Nassau County, entered October 23, 2007, which denied the petition and, in effect, dismissed the proceeding, is affirmed, with costs.
In 2003, the petitioner, Emrey Properties, Inc. (hereinafter Emrey), purchased property located in Massapequa, upon which a gas station and a former auto repair shop are located. In 1993, the previous owner secured a special use permit from the...
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