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MATTER OF SCHARAGA v. BD. OF ZONING APPEALS OF THE TOWN OF HEMPSTEAD

175 A.D.2d 209 (1991)

In the Matter of Ira M. Scharaga et al., Appellants, v. Board of Zoning Appeals of the Town of Hempstead, Respondent

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

July 15, 1991

Ordered that the judgment is affirmed, with costs.

It is well settled that a zoning board is vested with great discretion, and its determination "will be sustained if it has a rational basis and is supported by substantial evidence" (Matter of Fuhst v Foley, 45 N.Y.2d 441, 444, 445-446; Matter of Cowan v Kern, 41 N.Y.2d 591, 599; McGowan v Cohalan, 41 N.Y...

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