Texaco, Inc. v. Frey

In this proceeding pursuant to article 78 of the OPLR the court recalls the memorandum dated Febru*118ary 11, 1971 and judgment is granted in favor of petitioner to the extent of directing the respondents to accept and process the applications for a building permit and for a special permit without the owner’s consent providing the applications conform in all other respects to the requirements of the ordinances of the Town of Hempstead.

The petitioner is the lessee of certain real property under a lease for a 20-year term with an option to renew for 5 years dated April 27,1956. Paragraph 4 of the…