Opinion
July 29, 1996
Appeal from the Supreme Court, Nassau County (Murphy, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
In reviewing a determination of a zoning board, courts should presume that the decision was correct (see, 2 Anderson, New York Zoning Law and Practice § 26.17 [3d ed]). However, a determination of a zoning board will be set aside if it is arbitrary and capricious (see, e.g., Matter of Frisenda v. Zoning Bd. of Appeals, 215 A.D.2d 479; Matter of Eung Lim-Kim v. Zoning Bd. of Appeals, 185 A.D.2d 346). Based on the record in this case, the determination of the Board of Zoning Appeals of the Town of North Hempstead was properly annulled as arbitrary and capricious. Thompson, J.P., Copertino, Krausman and Florio, JJ., concur.