Mercy Hospital v. Board of Zoning Appeals

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Hempstead, dated May 30, 1985, which denied the petitioner’s application for a special permit to use a building located in Uniondale, New York, for the purpose of providing out-patient medical services and programs, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Murphy, J.), entered December 4, 1985, which dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, and the…