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MATTER OF NEWMAN v. ZONING BD. OF APPEALS OF THE TOWN OF YORKTOWN

121 A.D.2d 543 (1986)

In the Matter of Arthur Newman et al., Appellants, v. Zoning Board of Appeals of the Town of Yorktown et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 16, 1986

Judgment affirmed, with one bill of costs.

The decision of a zoning board will be sustained if it has a rational basis and is supported by substantial evidence (see, Matter of Fuhst v Foley, 45 N.Y.2d 441; Matter of Cowan v Kern, 41 N.Y.2d 591). A local zoning board of appeals has considerable discretion in considering an application for a variance and a court's function is...

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