MATTER OF UNIVERSAL SQUARE, LTD. v. TELL


171 A.D.2d 749 (1991)

In the Matter of Universal Square, Ltd., et al., Appellants, v. Steven Tell et al., Respondents

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

March 11, 1991


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The petitioners contend that the determination of the Zoning Board of Appeals was not based on substantial evidence. We disagree. It is well settled that a zoning board determination should not be set aside unless there is a showing of illegality, arbitrariness, or abuse of discretion. It is also well settled that it is incumbent on an applicant for an area variance to demonstrate that strict...

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