From Casetext: Smarter Legal Research

Matter of Breskin Realty v. Zoning Board

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1996
230 A.D.2d 793 (N.Y. App. Div. 1996)

Opinion

August 12, 1996


In a proceeding pursuant to CPLR article 78 to review a determination, after a hearing, of the Zoning Board of Appeals of the Village of Patchogue, dated November 3, 1993, which, after a hearing, denied the petitioner's application for renewal of a building permit, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Cohalan, J.), dated October 25, 1994, which dismissed the petition.

Ordered that the judgment is affirmed, with costs.

A determination of a zoning board must be upheld as long as there is a rational basis for it and it is supported by substantial evidence ( see, Matter of Fuhst v Foley, 45 N.Y.2d 441, 444). Moreover, if not irrational or unreasonable, the interpretation and construction given statutes by the body responsible for their administration should be upheld ( see, e.g., Matter of New York Life Ins. Co. v Galvin, 35 N.Y.2d 52). Here, the determination of the Zoning Board of Appeals of the Village of Patchogue is not arbitrary or capricious and is supported by substantial evidence ( see, e.g., Matter of Anello v Zoning Bd. of Appeals, 226 A.D.2d 458). Bracken, J.P., Santucci, Goldstein and McGinity, JJ., concur.


Summaries of

Matter of Breskin Realty v. Zoning Board

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1996
230 A.D.2d 793 (N.Y. App. Div. 1996)
Case details for

Matter of Breskin Realty v. Zoning Board

Case Details

Full title:In the Matter of BRESKIN REALTY ASSOCIATES, Appellant, v. ZONING BOARD OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 12, 1996

Citations

230 A.D.2d 793 (N.Y. App. Div. 1996)
646 N.Y.S.2d 619

Citing Cases

In re Pro Home Bldrs.

The courts apply the "arbitrary and capricious" standard of review to challenges to an agency's…