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In the Matter of RARITAN DEVELOPMENT CORP. et al., Appellants, v. GASTON SILVA et al., Respondents.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the respondents' decision to revoke a permit previously issued on property owned by the petitioner Raritan Development Corp. had a rational basis and was supported by the legislative history of Zoning Resolution § 12-10 ( see, Appelbaum v Deutsch, 66 NY2d 975, 977).

The respondents did not engage in discrimination by revoking the permit and denying a certificate of occupancy on the property at issue which was not substantially completed, while granting certificates of occupancy on other properties which were substantially completed at the time of the determination ( see, Matter of Cowan v Kern, 41 NY2d 591, 595-596).

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IN RE RARITAN DEVELOPMENT CORP
(Sep 30, 1996)