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TOWN OF HEMPSTEAD v. BOARD OF APPEALS OF TOWN OF HEMPSTEAD

2011-10815.

105 A.D.3d 751 (2013)

962 N.Y.S.2d 636

2013 NY Slip Op 2257

In the Matter of TOWN OF HEMPSTEAD, Appellant, v. BOARD OF APPEALS OF TOWN OF HEMPSTEAD et al., Respondents.

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

Decided April 3, 2013.

In a proceeding, inter alia, pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Town of Hempstead dated November 30, 2005, which, after a hearing, granted Scotty's Marina, Inc., a special permit to use a deck above a waterway for the outdoor consumption of food, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Murphy, J.), entered September 23, 2011, which denied the petition and dismissed the proceeding.

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