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Matter of Rizzo v. Board of Appeals on Zoning

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1998
247 A.D.2d 543 (N.Y. App. Div. 1998)

Opinion

February 17, 1998

Appeal from the Supreme Court, Westchester County (Murphy, J.).


Ordered that the judgment is affirmed, with costs.

Following a series of hearings, the Board of Appeals on Zoning of the City of New Rochelle (hereinafter the Board) granted a use variance for the operation of a light manufacturing facility in a commercial zone. Several neighboring property owners then commenced this CPLR article 78 proceeding challenging the Board's action.

Upon our review of the record, we agree with the Supreme Court's determination that the Board's grant of the variance was supported by substantial evidence and was neither arbitrary nor capricious ( see, Matter of Sasso v. Osgood, 86 N.Y.2d 374; Matter of Fuhst v. Foley, 45 N.Y.2d 441; Matter of Turner v. Organ, 240 A.D.2d 507).

The appellants' remaining contention is without merit.

Bracken, J. P., Rosenblatt, Ritter and Friedmann, JJ., concur.


Summaries of

Matter of Rizzo v. Board of Appeals on Zoning

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1998
247 A.D.2d 543 (N.Y. App. Div. 1998)
Case details for

Matter of Rizzo v. Board of Appeals on Zoning

Case Details

Full title:In the Matter of MARIE RIZZO, Appellants, v. BOARD OF APPEALS ON ZONING OF…

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

Date published: Feb 17, 1998

Citations

247 A.D.2d 543 (N.Y. App. Div. 1998)
668 N.Y.S.2d 476

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