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MATTER OF GURLEY v. GILMARTIN

226 A.D.2d 463 (1996)

640 N.Y.S.2d 811

In the Matter of Andrew F. Gurley et al., Appellants, v. Patrick J. Gilmartin et al., Respondents, and John Dedyo et al., Intervenors-Respondents

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

April 8, 1996

Ordered that the judgment is affirmed, with costs.

The determination of the respondent Planning Board of the Village of Irvington (hereinafter the Planning Board) is neither arbitrary nor capricious, and it is supported by substantial evidence. Therefore, the petition was properly denied (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222, 231; Matter of Currier v Planning...

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