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MATTER OF PHILIPSTOWN INDUS. PARK, INC. v. TOWN BD. OF TOWN OF PHILIPSTOWN

247 A.D.2d 542 (1998)

668 N.Y.S.2d 909

In the Matter of Philipstown Industrial Park, Inc., Respondent, v. Town Board of Town of Philipstown et al., Appellants

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

February 17, 1998

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly determined that the Town Board's denial of the petitioner's application for a temporary special use permit was arbitrary and capricious and not supported by substantial evidence (see, Matter of Twin County Recycling Corp. v Yevoli, 90 N.Y.2d 1000; Matter of Framike Realty Corp. v Hinck, 220 A.D.2d 501<...

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