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MATTER OF GEAMPA v. WALCK

222 A.D.2d 1072 (1995)

636 N.Y.S.2d 515

In the Matter of Gary J. Geampa et al., Respondents, v. Donald Walck et al., Constituting the Zoning Board of Appeals of The Town of Pendleton, Appellants. (Appeal No. 2.)

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

December 22, 1995

Order unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in granting the petition to set aside the Zoning Board of Appeals' denial of petitioners' application for a use variance to allow a dog kennel at petitioners' residence. The determination of the Zoning Board of Appeals is entitled to great deference and must be sustained if it has a rational basis and is supported by substantial evidence (Matter of...

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