IN THE MATTER OF KRAPE v. TROTTA


12 A.D.3d 677 (2004)

784 N.Y.S.2d 888

In the Matter of PERRY KRAPE, Appellant, v. FRANK C. TROTTA et al., Respondents.

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

November 29, 2004.


Ordered that the judgment is affirmed, with costs.

A town zoning board has broad discretion in determining an application for an area variance (see Matter of Ifrah v Utschig, 98 N.Y.2d 304, 308 [2002]; Matter of Classic Real Estate v Board of Appeals of Inc. Vil. of Garden City, 307 A.D.2d 354 [2003]). Judicial review is limited to whether the zoning board's action was illegal, arbitrary...

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