MATTER OF COLLINWOOD ESTATES, LLC v. WRIGHT


303 A.D.2d 679 (2003)

756 N.Y.S.2d 796

In the Matter of COLLINWOOD ESTATES, LLC, Appellant, v. GERALD G. WRIGHT et al., Respondents.

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

Decided March 24, 2003.


Ordered that the judgment is affirmed, with one bill of costs.

In a proceeding pursuant to CPLR article 78 to review a determination of a zoning board of appeals, judicial review is limited to ascertaining whether the action taken is illegal, arbitrary and capricious, or an abuse of discretion (see Matter of Ifrah v Utschig, 98 N.Y.2d 304, 308 [2002]). Here, the Supreme Court properly concluded that the determination of the...

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