Hyperlawhypertext legal database Bay Isle Oil Co. v. Board of Zoning Appeals of Town of Islip 90 A.D.2d 503

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Bay Isle Oil Co. v. Board of Zoning Appeals of Town of Islip

90 A.D.2d 503 Court N.Y. App. Div. Decision date 1982-10-12 English

Decision Majority · Concurring — Lazer, J., concurs in the result, with the following memorandum:

Contents
p. 503
In the Matter of Bay Isle Oil Company, Inc., et al., Appellants, v Board of Zoning Appeals of the Town of Islip, Respondent.

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Islip that petitioners had abandoned a certain gasoline station use, petitioners appeal from a judgment of the Supreme Court, Suffolk County (Orgera, J.), entered December 2, 1981, which dismissed the petition. Judgment affirmed, with $50 costs and disbursements. No opinion. Damiani, J. P., Gulotta and O’Connor, JJ., concur.

While I concur in affirmance, I believe it is necessary to express my view that our determination does not preclude an action to declare the zoning provision in issue here unconstitutional as applied.