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M&V 99 FRANKLIN REALTY CORP., pet, v. DAVID WEISS, ETC. res

MATTER OF M&V 99 FRANKLIN REALTY CORP., pet, v. DAVID WEISS, ETC. res — (INDEX NO. 7068/12)Proceeding pursuant to CPLR article 78 to review determinations of the Board of Appeals of the Town of Hempstead dated May 9, 2012, which, after a hearing, denied the petitioner's applications for special exceptions permitting the display and sale of used cars on its premises and parking in the setbacks, and for a variance from off-street parking requirements, which was transferred to this Court by an order of the Supreme Court, Nassau County (Diamond, J.), dated March 21, 2013, which order also denied that branch of the petition which was to review the determination of the Board of Appeals of the Town of Hempstead denying the petitioner's application for a variance from off-street parking requirements.

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MATTER OF M&V 99 FRANKLIN REALTY CORP., pet, v. DAVID WEISS, ETC. res — (INDEX NO. 7068/12)Proceeding pursuant to CPLR article 78 to review determinations of the Board of Appeals of the Town of Hempstead dated May 9, 2012, which, after a hearing, denied the petitioner’s applications for special exceptions permitting the display and sale of used cars on its premises and parking in the setbacks, and for a variance from off-street parking requirements, which was transferred to this Court by an order of the Supreme Court, Nassau County (Diamond, J.), dated March 21, 2013, which order also denied that branch of the petition which was to review the determination of the Board of Appeals of the Town of Hempstead denying the petitioner’s application for a variance from off-street parking requirements.

ORDERED that so much of the order dated March 21, 2013, as denied that branch of the petition which was to review the determination of the Board of Appeals of the Town of Hempstead denying the petitioner’s application for a variance from off-street parking requirements is vacated; and it is further,

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