MATTER OF TOWN BD. OF THE TOWN OF BABYLON v. CURCIO


138 A.D.2d 386 (1988)

In the Matter of The Town Board of the Town of Babylon, Appellant, v. Pasquale Curcio et al., Constituting The Zoning Board of Appeals of the Town of Babylon, et al., Respondents

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

March 7, 1988


Ordered that the judgment is affirmed, without costs or disbursements.

The action of the respondent Zoning Board of Appeals of the Town of Babylon in granting an area variance to the respondent New Age Builders, Inc., had a rational basis and it is supported by substantial evidence in the record (see, Matter of Fuhst v Foley, 45 N.Y.2d 441...

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