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Matter of Old County Burgers Co. v. Town Bd.

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1987
127 A.D.2d 772 (N.Y. App. Div. 1987)

Opinion

February 17, 1987

Appeal from the Supreme Court, Nassau County (Burstein, J.).


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 A.D.2d 113, appeal dismissed 63 N.Y.2d 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 N.Y.2d 238). Brown, J.P., Weinstein, Rubin and Spatt, JJ., concur.


Summaries of

Matter of Old County Burgers Co. v. Town Bd.

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1987
127 A.D.2d 772 (N.Y. App. Div. 1987)
Case details for

Matter of Old County Burgers Co. v. Town Bd.

Case Details

Full title:In the Matter of OLD COUNTY BURGERS CO., INC., et al., Respondents, v…

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

Date published: Feb 17, 1987

Citations

127 A.D.2d 772 (N.Y. App. Div. 1987)

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