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COLIN REALTY CO. v. TOWN

No. 150

24 N.Y.3d 96 (2014)

21 N.E.3d 188

996 N.Y.S.2d 559

2014 NY Slip Op 07008

In the Matter of COLIN REALTY CO., LLC, Appellant, v. TOWN OF NORTH HEMPSTEAD et al., Respondents.

Court of Appeals of New York.

Decided October 16, 2014.

Attorney(s) appearing for the Case

Rosenberg Calica & Birney LLP, Garden City ( Robert M. Calica , and Judah Serfaty of counsel), for appellant.

Amato Law Group, PLLC, Garden City ( Simone M. Freeman and Megan F. Carroll of counsel), and Linda B. Zuech , Town Attorney, North Hempstead, for Town of North Hempstead and another, respondents.

Albanese & Albanese LLP, Garden City ( Bruce W. Migatz of counsel), for Manhasset Pizza LLC and another, respondents.

Chief Judge LIPPMAN and Judges GRAFFEO, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

READ, J.

This appeal calls upon us to revisit our decisions in Matter of Overhill Bldg. Co. v Delany (28 N.Y.2d 449 [1971]) (Overhill) and Matter of Off Shore Rest. Corp. v Linden (30 N.Y.2d 160 [1972, Scileppi, J., dissenting]) (Off Shore), which both dealt with variances from the off-street...

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