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Matter of Palmieri v. Humenik

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1996
229 A.D.2d 442 (N.Y. App. Div. 1996)

Opinion

July 8, 1996

Appeal from the Supreme Court, Suffolk County (Seidell, J.).


Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the zoning board's determination to grant the special use permit, which was made after a public hearing, was based upon substantial evidence in the record and was not arbitrary or capricious ( Matter of Sasso v. Osgood, 86 N.Y.2d 374, 384; Matter of Fuhst v. Foley, 45 N.Y.2d 441, 444; Conley v. Town of Brookhaven Zoning Bd. of Appeals, 40 N.Y.2d 309, 314).

We find that the petitioner's remaining contentions are without merit. O'Brien, J.P., Sullivan, Florio and McGinity, JJ., concur.


Summaries of

Matter of Palmieri v. Humenik

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1996
229 A.D.2d 442 (N.Y. App. Div. 1996)
Case details for

Matter of Palmieri v. Humenik

Case Details

Full title:In the Matter of PAUL PALMIERI, Appellant, v. BRUCE E. HUMENIK et al.…

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

Date published: Jul 8, 1996

Citations

229 A.D.2d 442 (N.Y. App. Div. 1996)
644 N.Y.S.2d 909