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MATTER OF SCOPELLITI v. BOARD OF ZONING APP

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1985
115 A.D.2d 651 (N.Y. App. Div. 1985)

Opinion

December 23, 1985

Appeal from the Supreme Court, Nassau County (Lockman, J.).


Judgment affirmed, with costs.

Special Term correctly concluded that General Municipal Law § 136 is inapplicable to this case (see, Town of Islip v Serio, 105 Misc.2d 1078, 1079; General Municipal Law § 136). Furthermore, the determination of the Board of Zoning Appeals was not arbitrary, capricious or an abuse of discretion (see, Matter of Fuhst v Foley, 45 N.Y.2d 441, 444; Matter of Juniper Homes v Nolte, 104 A.D.2d 942) and was based on substantial evidence. Mangano, J.P., Bracken, Niehoff and Eiber, JJ., concur. [ 125 Misc.2d 586.]


Summaries of

MATTER OF SCOPELLITI v. BOARD OF ZONING APP

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1985
115 A.D.2d 651 (N.Y. App. Div. 1985)
Case details for

MATTER OF SCOPELLITI v. BOARD OF ZONING APP

Case Details

Full title:In the Matter of THOMAS SCOPELLITI et al., Appellants, v. BOARD OF ZONING…

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

Date published: Dec 23, 1985

Citations

115 A.D.2d 651 (N.Y. App. Div. 1985)