MATTER OF JOSATO, INC. v. WRIGHT


288 A.D.2d 384 (2001)

733 N.Y.S.2d 214

In the Matter of JOSATO, INC., Respondent, v. GERALD G. WRIGHT et al., Appellants.

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

Decided November 19, 2001.


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

A local zoning board has broad discretion in considering variance applications, and judicial review is limited to ascertaining whether the action taken by the zoning board was illegal, arbitrary and capricious, or an abuse of discretion (see, Matter of Fuhst v Foley, 45 N.Y.2d 441; Matter of Perla v Heller, 251 A.D...

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