MATTER OF WHITE CASTLE SYSTEM, INC. v. BOARD OF ZONING APPEALS OF TOWN OF HEMPSTEAD

2011-02094.

93 A.D.3d 731 (2012)

940 N.Y.S.2d 159

2012 NY Slip Op 1824

In the Matter of WHITE CASTLE SYSTEM, INC., et al., Appellants, v. BOARD OF ZONING APPEALS OF TOWN OF HEMPSTEAD, Respondent.

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

Decided March 13, 2012.


Ordered that the judgment is modified, on the law, by deleting the provision thereof denying those branches of the amended petition which were to annul the determinations denying a special exception permit to construct a refuse/recycling enclosure and a variance to install a detached sign in setbacks and dismissing those portions of the proceeding, and substituting therefor a provision granting those branches of the amended petition to the extent of annulling those determinations...

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