Appellate Division of the Supreme Court of New York, 1962

Tuttle v. Town of Oyster Bay

Tuttle v. Town of Oyster Bay
Appellate Division of the Supreme Court of New York · Decided October 9, 1962
17 A.D.2d 830; 1962 N.Y. App. Div. LEXIS 7837
Tuttle v. Town of Oyster Bay

Opinion of the Court

In a proceeding under article 78 of the Civil Practice Act, to review and annul a determination of the Town Board of the Town of Oyster Bay, dated December 5, 1961, which, after a hearing, denied petitioners’ application, made under applicable provisions of the local Zoning Ordinance, for a special use permit or exception to erect and maintain a miniature golf course on vacant land in Plainview, located in the unincorporated part of the said town, petitioners appeal from an order of the Supreme Court, Nassau *831County, dated January 30, 1962, which dismissed their petition and confirmed the board’s determination. Order affirmed, with costs (see Matter of Lemir Realty Gorp. v. Larkin, 11 IT Y 2d 20). Ughetta, Acting P. J., Kleinfeld, Brennan, Hill and Rabin, JJ., concur.

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