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Burger King v. County of Suffolk

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1986
121 A.D.2d 494 (N.Y. App. Div. 1986)

Opinion

June 16, 1986

Appeal from the Supreme Court, Suffolk County (Jones, J.).


Judgment affirmed, without costs or disbursements.

Sufficient evidence exists in the record to support the denial of the petitioner's request for a permit for a driveway entrance to its restaurant onto County Road 66 in Dix Hills, Town of Huntington, Suffolk County. The petitioner has alternate access, and has not been denied the reasonable use of the property. Further, there is evidence from which the respondent could reasonably conclude that an additional driveway entrance would adversely affect the traffic-accident potential of the adjacent streets. The petitioner has failed to make a showing that the respondent's determination was arbitrary, capricious or an abuse of discretion (CPLR 7803; Token Carpentry v. Hornik, 92 A.D.2d 868, 870). Thompson, J.P., Bracken, Rubin and Eiber, JJ., concur.


Summaries of

Burger King v. County of Suffolk

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1986
121 A.D.2d 494 (N.Y. App. Div. 1986)
Case details for

Burger King v. County of Suffolk

Case Details

Full title:BURGER KING CORPORATION, Appellant, v. COUNTY OF SUFFOLK, DEPARTMENT OF…

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

Date published: Jun 16, 1986

Citations

121 A.D.2d 494 (N.Y. App. Div. 1986)

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