33 A.D.2d 689 | N.Y. App. Div. | 1969
In a proceeding pursuant to article 78 of the CPLR to annul appellants’ determination dated June 6, 1968, which denied petitioners’ applications for a special use permit and for a waiver of off-street parking requirements with respect to their property, under the Building Zone Ordinance of the Town of Hempstead, the appeal is from a judgment of the Supreme Court, Nassau County, dated October 17, 1968, which granted the petition and adjudged that petitioners need not secure such special use permit and need not comply with the off-street parking requirements. Judgment reversed, on the law and the facts, appellants’ determination confirmed and proceeding dismissed, with costs. Petitioners are, respectively, the owners and the tenant of a store located on Nassau Boulevard in the Town of Hempstead. They allege that a