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MATTER OF L.S.O.F. CYNWYD, L.P. v. TOWN OF NORTH HEMPSTEAD

298 A.D.2d 520 (2002)

748 N.Y.S.2d 516

In the Matter of L.S.O.F. CYNWYD, L.P., Petitioner, v. TOWN OF NORTH HEMPSTEAD et al., Respondents.

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

Decided October 21, 2002.

Adjudged that the petition is granted, on the law, with costs, and the determination is annulled.

The instant proceeding was erroneously transferred to this Court pursuant to CPLR 7804 (g), since the standard of review to be applied in assessing the propriety of the respondents' determination herein is not whether there was substantial evidence in support thereof, but rather, whether the determination was "arbitrary and capricious" (CPLR 7803 [3]; see Lutheran...

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