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MATTER OF SUNDIAL ASPHALT CO., INC. v. DARK

294 A.D.2d 585 (2002)

742 N.Y.S.2d 891

In the Matter of SUNDIAL ASPHALT CO., INC., Appellant, v. ANDREW G. DARK et al., Respondents.

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

Decided May 28, 2002.

Ordered that the judgment is affirmed insofar as appealed from, with costs. It is well settled that the scope of judicial review in a CPLR article 78 proceeding of a determination by a zoning board is limited to an examination of whether the determination has a rational basis and is supported by substantial evidence (see Matter of Fuhst v Foley, 45 N.Y.2d 441; Matter of New Venture Realty v Fennell, 210 A...

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