MATTER OF DeJOY v. ZONING BD. OF APPEALS OF THE TOWN OF BABYLON


249 A.D.2d 389 (1998)

670 N.Y.S.2d 793

In the Matter of Michael Dejoy et al., Appellants, v. Zoning Board of Appeals of the Town of Babylon, Respondent

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

April 13, 1998


Ordered that the judgment is affirmed, with costs.

The respondent properly weighed the factors set forth in Town Law § 267-b. Its determination was rational and was supported by substantial evidence (see, Matter of Khan v Zoning Bd. of Appeals, 87 N.Y.2d 344; Matter of Sasso v Osgood, 86 N.Y.2d 374).

The petitioners...

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