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MATTER OF CLASSIC REAL ESTATE, INC. v. BOARD OF APPEALS OF INCORPORATED VILLAGE OF GARDEN CITY

307 A.D.2d 354 (2003)

762 N.Y.S.2d 815

In the Matter of CLASSIC REAL ESTATE, INC., et al., Appellants, v. BOARD OF APPEALS OF INCORPORATED VILLAGE OF GARDEN CITY, Respondent.

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

Decided July 28, 2003.

Ordered that the judgment is affirmed, with costs.

Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of discretion (see Matter of Fuhst v Foley, 45 N.Y.2d 441 [1978]; Matter of RVC Assoc. v Zoning Bd. of Appeals of Vil. of Rockville Ctr., 240 A.D...

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