MATTER OF PAGNOZZI v. PLANNING BOARD OF THE VILLAGE OF PIERMONT


292 A.D.2d 613 (2002)

739 N.Y.S.2d 742

In the Matter of ANNA PAGNOZZI, Appellant, v. PLANNING BOARD OF THE VILLAGE OF PIERMONT, Respondent.

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

Decided March 25, 2002.


Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, the determination is annulled, and the matter is remitted to the respondent to grant the appellant's application for a two-lot subdivision of her property.

The reviewing court in a proceeding pursuant to CPLR article 78 may not substitute its judgment for that of a planning board unless the planning board's determination is arbitrary and capricious, illegal...

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