MATTER OF PAYLESS SHOE SOURCE v. ZONING BD. OF APPEALS OF THE TOWN OF CLARKSTOWN


232 A.D.2d 565 (1996)

648 N.Y.S.2d 972

In the Matter of Payless Shoe Source, Appellant, v. Zoning Board of Appeals of the Town of Clarkstown, Respondent

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

October 21, 1996


Ordered that the judgment is affirmed, with costs.

It is well settled that in order to annul an administrative determination rendered following a hearing, a court must conclude that the record lacks substantial evidence supporting the determination (see, Matter of Lahey v Kelly, 71 N.Y.2d 135). A determination is supported by substantial evidence when the evidence consists...

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