Opinion
May 21, 1979
In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Huntington which denied the petitioner's application for a special exception, petitioner appeals from a judgment of the Supreme Court, Suffolk County, dated April 14, 1978, which denied its petition. Judgment affirmed, with $50 costs and disbursements. Courts generally will not interfere with a board's determination dealing with a special exception since these matters are best "resolved by the `common-sense judgments' of `representative citizens doing their best to make accommodations between conflicting community pressures'" (Matter of Lemir Realty Corp. v. Larkin, 11 N.Y.2d 20, 25). Damiani, J.P., Cohalan, Margett and Martuscello, JJ., concur.