MATTER OF MANZI HOMES, INC. v. TROTTA


286 A.D.2d 737 (2001)

730 N.Y.S.2d 451

In the Matter of MANZI HOMES, INC., Appellant, v. FRANK C. TROTTA et al., Respondents.

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

Decided September 17, 2001.


Ordered that the judgment is affirmed, with costs.

The determination of a zoning board will be upheld provided that it is not illegal, arbitrary and capricious, or an abuse of discretion (see, Matter of Shorelands, Inc. v Matthew, 230 A.D.2d 862; Matter of New Venture Realty v Fennell, 210 A.D.2d 412). The reviewing court may not substitute its judgment for that of the zoning board...

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