MATTER OF BISTRICER v. CHIN


272 A.D.2d 397 (2000)

707 N.Y.S.2d 368

In the Matter of DAVID BISTRICER, Appellant, v. JAMES CHIN, as Chairman of the Board of Standards and Appeals of the City of New York, et al., Respondents.

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

Decided May 8, 2000.


Ordered that judgment is affirmed, with costs.

It is a "well-established rule that local zoning boards have discretion in considering applications for variances and the judicial function is a limited one. A zoning board determination should not be aside unless there is a showing of illegality, arbitrariness or abuse of discretion * * * That is to say, the determination of responsible local officials in the affected community will be sustained if it has a rational...

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