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MATTER OF LAZZARA v. KERN

269 A.D.2d 449 (2000)

702 N.Y.S.2d 898

In the Matter of ROGER LAZZARA et al., Respondents, v. ROY M. KERN et al., Appellants.

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

Decided February 14, 2000.

Ordered that the judgment is affirmed, without costs or disbursements.

The determination of a Zoning Board of Appeals regarding a variance must be upheld if it is rational and supported by substantial evidence (see, Matter of Khan v Zoning Bd. of Appeals, 87 N.Y.2d 344). Pursuant to Town Law § 267-b (3), a Zoning Board of Appeals, before granting a variance, must engage in a balancing test based on the factors listed...

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