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MATTER OF COSTCO WHOLESALE CORPORATION v. TOWN BOARD OF TOWN OF OYSTER BAY

2010-10649.

90 A.D.3d 657 (2011)

934 N.Y.S.2d 430

2011 NY Slip Op 8940

In the Matter of COSTCO WHOLESALE CORPORATION et al., Respondents, v. TOWN BOARD OF TOWN OF OYSTER BAY et al., Appellants.

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

Decided December 6, 2011.

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements, except that the costs of printing, serving, and filing the supplemental appendix are awarded to the petitioner Costco Wholesale Corporation, payable by the appellants pursuant to CPLR 5528 (a) (5).

In November 2001 the petitioner Costco Wholesale Corporation (hereinafter Costco), and the then owner of certain property located at 555 West John Street in Hicksville, Town...

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