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MATTER OF RADOW v. BOARD OF APPEALS OF TOWN OF HEMPSTEAD

120 A.D.3d 502 (2014)

989 N.Y.S.2d 914

2014 NY Slip Op 05645

In the Matter of RUTH RADOW et al., Appellants, et al., Petitioners, v. BOARD OF APPEALS OF TOWN OF HEMPSTEAD, Respondent, and ATLANTIC BEACH LAND COMPANY, LLC, Intervenor-Respondent.

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

Decided August 6, 2014.

In a proceeding pursuant to CPLR article 78 to review certain determinations by the Board of Appeals of the Town of Hempstead issuing certain zoning variances, the petitioners Ruth Radow and Seymour Radow appeal, as limited by their brief, from so much of an order and judgment (one paper) of the Supreme Court, Nassau County (Sher, J.), dated August 10, 2012, as granted that branch of the motion of the intervenor Atlantic Beach Land Company, LLC, which was to dismiss the petition...

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