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MATTER OF HERZOG v. PLANNING BOARD OF EAST HAMPTON

281 A.D.2d 419 (2001)

721 N.Y.S.2d 272

In the Matter of ARTHUR HERZOG et al., Appellants, v. PLANNING BOARD OF EAST HAMPTON, Respondent. DAVID EAGAN et al., Intervenor-Respondents.

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

Decided March 5, 2001.

Ordered that the judgment is affirmed, with one bill of costs payable to the respondent and the intervenor-respondents.

The determination of the Planning Board of East Hampton (hereinafter the Planning Board) was not arbitrary or capricious and is supported by substantial evidence (see, Matter of Khan v Zoning Bd. of Appeals, 87 N.Y.2d 344; Matter of Cowan v Kern, 41 N.Y.2d 591)...

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