Opinion

Schneider v. Zoning Board of Appeals

  • 16 A.D.3d 591
  • 792 N.Y.S.2d 153
  • 2005 N.Y. App. Div. LEXIS 2979
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Mar 21, 2005
Status
Published
Cited by
0 cases
Authority
More cited than 29.1%

The opinion

— In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Huntington, dated June 19, 2002, which, after a hearing, denied the petitioner’s application for an area variance, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Henry, J.), entered October 6, 2003, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner’s contention, the Supreme Court properly sustained the determination of the respondent Zoning Board of Appeals of the Town of Huntington (hereinafter the Zoning Board) denying the petitioner’s application for an area variance. The determination was rationally based and was supported by substantial evidence (see Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]; Matter of Sasso v Osgood, 86 NY2d 374 , 384 n 2 [1995]). Further, the determination of the Zoning Board was not illegal, arbitrary, or an abuse of discretion (see Matter of Ifrah v Utschig, supra). Florio, J.P., Krausman, Rivera and Fisher, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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