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MATTER OF PRESTON v. BD. OF ZONING APPEALS OF THE TOWN OF NORTH HEMPSTEAD

229 A.D.2d 585 (1996)

646 N.Y.S.2d 41

In the Matter of Robert Preston et al., Respondents, v. Board of Zoning Appeals of the Town of North Hempstead, Appellant

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

July 29, 1996

Ordered that the judgment is affirmed, without costs or disbursements.

In reviewing a determination of a zoning board, courts should presume that the decision was correct (see, 2 Anderson, New York Zoning Law and Practice § 26.17 [3d ed]). However, a determination of a zoning board will be set aside if it is arbitrary and capricious (see, e.g., Matter of Frisenda v Zoning Bd. of Appeals,

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