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MATTER OF FALK v. VILL. OF SCARSDALE ZONING BD. OF APPEALS

254 A.D.2d 358 (1998)

678 N.Y.S.2d 299

In the Matter of Robert H. Falk, Appellant, v. Village of Scarsdale Zoning Board of Appeals, Respondent

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

October 13, 1998

Ordered that the judgment is affirmed, with costs.

The petitioner failed to show that the determination by the Zoning Board of Appeals of the Village of Scarsdale that his proposed stationary standby generator was not a customary incidental use in an A-1 residential district, and denying him permission to install it, was arbitrary, capricious, or irrational (see, Matter of JIJ Realty Corp. v Costello, 239 A.D.2d 580

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