MATTER OF RICE v. NEWBURGER


272 A.D.2d 549 (2000)

708 N.Y.S.2d 878

In the Matter of RAYMOND J. RICE, Respondent, v. MAY W. NEWBURGER et al., Appellants.

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

Decided May 22, 2000.


Ordered that the order and judgment is reversed, on the law, with costs, the cross motion is granted, and the proceeding is dismissed.

Contrary to the conclusion reached by the Supreme Court, the petitioner failed to show that the appellants' denial of his curb-cut application was arbitrary, capricious, or an abuse of discretion (see, Burger King Corp. v County of Suffolk, Dept. of Public Works, 121 A.D.2d 494; Token Carpentry...

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