MATTER OF LARKIN v. McALLISTER


213 A.D.2d 1075 (1995)

625 N.Y.S.2d 988

In the Matter of Ashley P. Larkin, Jr., Appellant, v. John McAllister et al., Constituting The Zoning Board of Appeals of the Town of Clarendon, et al., Respondents

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

March 17, 1995


Judgment unanimously affirmed without costs.

Memorandum:

Petitioner commenced this proceeding to challenge the denial of his application for an area variance by respondent Zoning Board of Appeals of the Town of Clarendon (Board). Supreme Court properly dismissed the petition. The Board examined each of the factors it is required to consider under Town Law § 267-b (3) (b) and its determination "rests comfortably on a rational basis and substantial evidence...

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