A.W.A.R.E., Inc. v. Town of North Hempstead

This is a proceeding brought pursuant

to CPLR article 78 by petitioners Phyllis Molloy, a homeowner residing in the Town of North Hempstead, and A.W.A.R.E., Inc. (hereinafter referred to as A.W.A.R.E.), "for a judgment to review a determination by the Town of North Hempstead Board of Zoning and Appeals, for an order of mandamus against the Town of North Hempstead directing the Town of North Hempstead to enforce its ordinances and to direct [corespondent] Takashimaya/Pintchik to conform to the Certificate of Occupancy granted”.

The salient facts are as follows. The Board of Zoning and Appeals of…