MATTER OF EMREY PROPERTIES, INC. v. BARANELLO

2007-10556

76 A.D.3d 1064 (2010)

908 N.Y.S.2d 255

In the Matter of EMREY PROPERTIES, INC., Appellant, v. PATRICIA A. BARANELLO et al., Respondents.

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

Decided September 28, 2010.


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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