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MATTER OF HANNAFEY v. BOARD OF TRUSTEES OF VILLAGE OF MALVERNE

294 A.D.2d 365 (2002)

741 N.Y.S.2d 721

In the Matter of THOMAS A. HANNAFEY et al., Appellants, v. BOARD OF TRUSTEES OF VILLAGE OF MALVERNE, Respondent.

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

Decided May 6, 2002.

Ordered that the judgment is affirmed, with costs.

The reviewing court in a proceeding pursuant to CPLR article 78 will not substitute its judgment for that of the local Village Board unless it clearly appears to be arbitrary, capricious, or contrary to the law (see Matter of Lemir Realty Corp. v Larkin, 11 N.Y.2d 20; see also Matter of Retail Prop. Trust v Board of Zoning Appeals of Town of Hempstead,

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