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Matter of Larkin v. McAllister

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 1075 (N.Y. App. Div. 1995)

Opinion

March 17, 1995

Appeal from the Supreme Court, Orleans County, Punch, J.

Present — Green, J.P., Pine, Callahan, Doerr and Boehm, JJ.


Judgment unanimously affirmed without costs. Memorandum: Petitioner commenced this proceeding to challenge the denial of his application for an area variance by respondent Zoning Board of Appeals of the Town of Clarendon (Board). Supreme Court properly dismissed the petition. The Board examined each of the factors it is required to consider under Town Law § 267-b (3) (b) and its determination "rests comfortably on a rational basis and substantial evidence" (Matter of Doyle v. Amster, 79 N.Y.2d 592, 596; see, Matter of O'Keefe v. Donovan, 199 A.D.2d 681, 682).


Summaries of

Matter of Larkin v. McAllister

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 1075 (N.Y. App. Div. 1995)
Case details for

Matter of Larkin v. McAllister

Case Details

Full title:In the Matter of ASHLEY P. LARKIN, JR., Appellant, v. JOHN McALLISTER et…

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

Date published: Mar 17, 1995

Citations

213 A.D.2d 1075 (N.Y. App. Div. 1995)
625 N.Y.S.2d 988

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