Opinion

Old County Burgers Co. v. Town Board

  • 127 A.D.2d 772
  • 512 N.Y.S.2d 165
  • 1987 N.Y. App. Div. LEXIS 43250
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Feb 17, 1987
Status
Published
Cited by
2 cases
Authority
More cited than 62.5%

The opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Oyster Bay, dated June 4, 1985, which, after a hearing, denied the petitioner’s application for a special exception permit to construct and operate a drive-through window at an existing, fast-food restaurant in a "Business G” district, the appeal is from a judgment of the Supreme Court, Nassau County (Bur-stein, J.), dated December 3, 1985, which annulled the determination and directed the appellant to grant the application upon conditions which it deemed reasonable and appropriate.

Ordered that the judgment is affirmed, without costs or disbursements.

The specific findings made by the appellant in support of its denial of the petitioner’s application are not supported by substantial evidence in the record (see, Matter of Sullivan v Town Bd., 102 AD2d 113 , appeal dismissed 63 NY2d 952 ). Accordingly, the determination was properly annulled. We likewise find no error in directing the appellant to grant the permit subject to the imposition of reasonable conditions to minimize its adverse impact on the surrounding area (see, Matter of North Shore Steak House v Board of Appeals, 30 NY2d 238 ). Brown, J. P., Weinstein, Rubin and Spatt, 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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