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MATTER OF CONNERS v. ZONING BD. OF APPEALS OF THE TOWN OF HEMPSTEAD

249 A.D.2d 473 (1998)

671 N.Y.S.2d 307

In the Matter of Patricia C. Conners et al., Appellants, v. Zoning Board of Appeals of the Town of Hempstead, Respondent, and Channel View Realty Corp., Intervenor-Respondent

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

April 20, 1998

Ordered that the judgment is affirmed, with costs.

The determination of the respondent Zoning Board of Appeals of the Town of Hempstead to grant variances to the intervenor-respondent Channel View Realty Corp. was rationally based and thus was neither arbitrary nor capricious. Accordingly, the petition was properly denied and the proceeding dismissed (see, Matter of Fuhst v Foley, 45 N.Y.2d 441

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