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MATTER OF KAR-McVEIGH, LLC v. ZONING BOARD OF APPEALS OF TOWN OF RIVERHEAD

2010-09289.

93 A.D.3d 799 (2012)

941 N.Y.S.2d 843

2012 NY Slip Op 2104

In the Matter of KAR-McVEIGH, LLC, Respondent, v. ZONING BOARD OF APPEALS OF TOWN OF RIVERHEAD el al., Appellants.

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

Decided March 20, 2012.

Ordered that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

On a motion to dismiss pursuant to CPLR 7804 (f) and 3211 (a) (7), all of the allegations in the petition/complaint are deemed true and the petitioner/plaintiff is afforded the...

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