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MATTER OF MERRITT v. DUFFY

288 A.D.2d 476 (2001)

732 N.Y.S.2d 907

In the Matter of JAMES MERRITT, Appellant, v. JOHN DUFFY et al., Respondents.

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

Decided November 26, 2001.

Ordered that the judgment is affirmed, with costs.

The determination to deny the petitioner's application for area variances, on the ground that the application was really for use variances and that the petitioner failed to meet the criteria for such variances, was neither illegal, arbitrary and capricious, nor an abuse of discretion (see, Matter of Natale v Duffy, 285 A.D.2d 554; Matter of Sullivan v Duffy,

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