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MATTER OF TONYES v. TOWN OF SOUTHOLD

309 A.D.2d 807 (2003)

765 N.Y.S.2d 795

In the Matter of LINDA M. TONYES, Appellant, et al., Petitioner, v. TOWN OF SOUTHOLD et al., Respondents.

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

Decided October 14, 2003.

Ordered that the judgment is affirmed, with costs.

"It is axiomatic that the court will not substitute its judgment for that of the board or set it aside unless it clearly appears to be" illegal, arbitrary, an abuse of discretion, or contrary to law (Matter of Fiore v Zoning Bd. of Appeals of Town of Southeast, 21 N.Y.2d 393, 396 [1968]; see Matter of Ifrah v Utschig,

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