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  5. 123 A.D.2d 692 (1986)
 

MATTER OF BARRETTO v. ZONING BD. OF APPEALS OF INC. VILL. OF BAYVILLE

123 A.D.2d 692 (1986)

In the Matter of Delia Barretto et al., Appellants, v. Zoning Board of Appeals of Incorporated Village of Bayville et al., Respondents

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

October 14, 1986

Ordered that the judgment is affirmed, with one bill of costs.

The court properly concluded that the determination of the Zoning Board of Appeals was neither arbitrary nor capricious. Additionally, the determination was supported by substantial evidence. The two parcels in question in this case, which were joined at the rear forming a "back-to-back split" formation, were not merged during the short period that they were in common ownership. The parcels were never...

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