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IN THE MATTER OF BROOKWOOD HOLDING CORP. v. ACKERSON

19 A.D.3d 413 (2005)

796 N.Y.S.2d 146

In the Matter of BROOKWOOD HOLDING CORP., Appellant, v. BARTLETT ACKERSON et al., Respondents.

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

June 6, 2005.

Ordered that the judgment is affirmed, with costs.

Contrary to the appellant's contention, the denial of its application for an area variance to build a single-family dwelling on the proposed subdivided lot had a rational basis and was supported by substantial evidence (see Matter of Sasso v Osgood, 86 N.Y.2d 374 [1995]). The requested variance was substantial and would result in an undesirable change in the character of...

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