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MATTER OF JONES v. BOARD OF APPEALS ON ZONING OF THE CITY OF NEW ROCHELLE

262 A.D.2d 413 (1999)

689 N.Y.S.2d 662

In the Matter of ALFRED C. JONES, Appellant, v. BOARD OF APPEALS ON ZONING OF THE CITY OF NEW ROCHELLE et al., Respondents.

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

Decided June 7, 1999.

Ordered that the judgment is affirmed, with costs.

The determination by the Board of Appeals on Zoning of the City of New Rochelle denying the petitioner's application for a variance was based on substantial evidence in the record and was not arbitrary and capricious (see, Matter of Fuhst v Foley, 45 N.Y.2d 441; Matter of Dueger v Zoning Bd. of Appeals, 96 A.D.2d 905, affd

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