McDonald's Service Station, Inc. v. Board of Appeals of Inc. Village of Garden City

—In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Incorporated Village of Garden City dated June 22, 1999, which, after a hearing, denied the petitioner’s application for a special use permit, the appeal is from a judgment of the Supreme Court, Nassau County (Cozzens, J.), dated March 9, 2000, which granted the petition, annulled the determination, and directed that the permit be issued.

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly found that the denial of the petitioner’s application for a…