Judgment reversed, on the law, without costs, and matter remitted to the Planning Board for a new hearing and a new determination in accordance with the views expressed herein.
In our opinion, Special Term erred in substituting its judgment for that of the Planning Board. Where, as here, the evidence before a board is conflicting and presents an issue as to the veracity of opposing witnesses, it is for the board to pass on credibility. Where the conflicting evidence...
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