Opinion

7-Eleven, Inc. v. Planning Board

  • 21 A.D.3d 383
  • 798 N.Y.S.2d 912
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Aug 1, 2005
Status
Published
Cited by
0 cases
Authority
More cited than 29.2%

The opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Town of Islip dated August 25, 2003, which, after a hearing, denied the petitioners’ application for a special use permit, the appeal is from a judgment of the Supreme Court, Suffolk County (Emerson, J.), dated April 26, 2004, which granted the petition, annulled the determination, and directed that the permit be issued.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly annulled the determination of the Planning Board of the Town of Islip which denied the petitioners’ application for a special use permit to operate a 24-hour convenience store and a corresponding reduction in the parking space requirement, since it was not supported by substantial evidence (see Matter of Holbrook v Assoc. Dev. Co. v McGowan, 261 AD2d 620 [1999]; Matter of Chernick v McGowan, 238 AD2d 586, 587 [1997]. Schmidt, J.P., Mastro, Rivera and Skelos, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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