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IN THE MATTER OF HOAG v. ZONING BOARD OF APPEALS OF TOWN OF CLINTON

27 A.D.3d 742 (2006)

815 N.Y.S.2d 603

In the Matter of MICHAEL HOAG et al., Appellants, v. ZONING BOARD OF APPEALS OF TOWN OF CLINTON et al., Respondents.

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

March 28, 2006.

Ordered that the judgment is affirmed, with costs.

"[A] determination of a zoning board should be sustained upon judicial review if it has a rational basis" and is not arbitrary and capricious (Matter of Ifrah v Utschig, 98 N.Y.2d 304, 308 [2002]; see Matter of Sasso v Osgood, 86 N.Y.2d 374, 384 [1995]; Matter of Corigliano v Zoning Bd. of Appeals of City of New Rochelle,...

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